HB-5876, As Passed House, June 29, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5876
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3104, 3503, 4105, 6516, 6517, 6521, 8310,
8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703, 11704,
11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512, 32312,
32503, 32515, 35304, 36505, 41702, 41709, 42101, 42501, 42702,
44513, 44517, 45503, 45902, 45903, 45906, 61525, 62509, 63103a,
63103c, 63514, 63524, 63525, 63704, 63708, 72108, 76105, 76109,
76504, and 80159 (MCL 324.3104, 324.3503, 324.4105, 324.6516,
324.6517, 324.6521, 324.8310, 324.8504, 324.9112, 324.11509,
324.11511, 324.11512, 324.11516, 324.11542, 324.11703, 324.11704,
324.11709, 324.30104, 324.30105, 324.30113, 324.30304, 324.30307,
324.31509, 324.31512, 324.32312, 324.32503, 324.32515, 324.35304,
324.36505, 324.41702, 324.41709, 324.42101, 324.42501, 324.42702,
324.44513, 324.44517, 324.45503, 324.45902, 324.45903, 324.45906,
324.61525, 324.62509, 324.63103a, 324.63103c, 324.63514,
324.63524, 324.63525, 324.63704, 324.63708, 324.72108, 324.76105,
324.76109, 324.76504, and 324.80159), sections 3104, 30104, and
32312 as amended by 2003 PA 163, sections 3503, 6521, and 8504 as
added by 1995 PA 60, sections 6516 and 6517 as amended by 1996 PA
166, section 8310 as amended by 2002 PA 418, section 9112 as
amended by 2000 PA 504, sections 11509 and 11511 as amended by
1996 PA 358, sections 11512 and 11516 as amended by 2003 PA 153,
section 11542 as amended by 1996 PA 359, section 30105 as amended
by 1999 PA 106, section 30113 as amended by 1995 PA 171, sections
30304, 31509, 31512, 32515, and 35304 as added by 1995 PA 59,
section 30307 as amended by 1998 PA 228, section 32503 as amended
by 2002 PA 148, section 36505 as amended by 1998 PA 470, section
41702 as amended by 2001 PA 23, sections 41709, 42101, 42501,
44513, 44517, 45503, 45903, 63514, 63525, 63704, and 63708 as
added by 1995 PA 57, section 42702 as amended by 2000 PA 191,
section 45902 as amended by 1996 PA 200, section 45906 as amended
by 2003 PA 270, section 61525 as amended by 1998 PA 303, section
62509 as amended by 1998 PA 467, sections 63103a and 63103c as
added by 1997 PA 149, sections 63524 and 76504 as amended by 2001
PA 78, sections 72108 and 80159 as added by 1995 PA 58, and
sections 76105 and 76109 as amended by 2001 PA 75, and by adding
sections 1301, 1303, 1305, 1307, 1309, and 1311.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1301. As used in this part:
2 (a) "Application period" means the period beginning when an
3 application for a permit is received by the state and ending when
1 the application is considered to be administratively complete
2 under section 1305 and any applicable fee has been paid.
3 (b) "Department" means the department, agency, or officer
4 authorized by this act to approve or deny an application for a
5 particular permit.
6 (c) "Director" means the director of the state department
7 authorized under this act to approve or deny an application for a
8 particular permit or the director's designee.
9 (d) "Permit" means a permit or operating license required by
10 any of the following sections or by rules promulgated thereunder,
11 or, in the case of section 9112, by an ordinance or resolution
12 adopted thereunder:
13 (i) Section 3104, floodplain alteration permit.
14 (ii) Section 3503, permit for use of water in mining iron
15 ore.
16 (iii) Section 4105, sewerage system construction permit.
17 (iv) Section 6516, vehicle testing license.
18 (v) Section 6521, motor vehicle fleet testing permit.
19 (vi) Section 8310, restricted use pesticide dealer business
20 location license.
21 (vii) Section 8504, license to manufacture or distribute
22 fertilizer.
23 (viii) Section 9112, local soil erosion and sedimentation
24 control permit.
25 (ix) Section 11509, solid waste disposal area construction
26 permit.
27 (x) Section 11512, solid waste disposal area operating
1 license.
2 (xi) Section 11542, municipal solid waste incinerator ash
3 landfill operating license amendment.
4 (xii) Section 11703, septage waste servicing license.
5 (xiii) Section 11704, septage waste vehicle license.
6 (xiv) Section 11709, septage waste disposal permit.
7 (xv) Section 30104, inland lakes and streams project permit.
8 (xvi) Section 30304, state permit for dredging, filling, or
9 other activity in wetland.
10 (xvii) Section 31509, dam construction, repair, removal
11 permit.
12 (xviii) Section 32312, flood risk, high risk, or
13 environmental area permit.
14 (xix) Section 32503, permit for dredging and filling
15 bottomland.
16 (xx) Section 35304, department permit for critical dune area
17 use.
18 (xxi) Section 36505, endangered species permit.
19 (xxii) Section 41702, game bird hunting preserve license.
20 (xxiii) Section 42101, dog training area permit.
21 (xxiv) Section 42501, fur dealer's license.
22 (xxv) Section 42702, game dealer's license.
23 (xxvi) Section 44513, charter boat operating permit under
24 reciprocal agreement.
25 (xxvii) Section 44517, boat livery operating permit.
26 (xxviii) Section 45503, permit to take frogs for scientific
27 use.
1 (xxix) Section 45902, game fish propagation license.
2 (xxx) Section 45906, game fish import license.
3 (xxxi) Section 61525, oil or gas well drilling permit.
4 (xxxii) Section 62509, brine, storage, or waste disposal well
5 drilling or conversion permit or test well drilling permit.
6 (xxxiii) Section 63103a, metallic mineral mining permit.
7 (xxxiv) Section 63514 or 63525, surface coal mining and
8 reclamation permit or revision of the permit during the term of
9 the permit, respectively.
10 (xxxv) Section 63704, sand dune mining permit.
11 (xxxvi) Section 72108, use permits for Michigan trailway.
12 (xxxvii) Section 76109, sunken aircraft or watercraft
13 abandoned property recovery permit.
14 (xxxviii) Section 76504, Mackinac Island motor vehicle and
15 land use permits.
16 (xxxix) Section 80159, buoy or beacon permit.
17 (e) "Processing deadline" means the last day of the
18 processing period.
19 (f) "Processing period" means the following time period after
20 the close of the application period, for the following permit, as
21 applicable:
22 (i) Thirty days for a permit under section 9112.
23 (ii) Thirty days after the department consults with the
24 underwater salvage and preserve committee created under section
25 76103, for a permit under section 76109.
26 (iii) Sixty days, for a permit under section 30104 for a
27 minor project as established by rule under section 30105(6) or
1 for a permit under section 32312.
2 (iv) Sixty days or, if a hearing is held, 90 days for a
3 permit under section 35304.
4 (v) Sixty days or, if a hearing is held, 120 days for a
5 permit under section 30104, other than a permit for a minor
6 project as established by rule under section 30105(6), or for a
7 permit under section 31509.
8 (vi) Twenty days for a permit under section 61525 or 62509.
9 (vii) Ninety days for a permit under section 11512, a
10 revision of a surface coal mining and reclamation permit during
11 the term of the permit under section 63525, or a permit under
12 section 72108.
13 (viii) Ninety days or, if a hearing is held, 150 days for a
14 permit under section 3104, 30304, or 32503.
15 (ix) One hundred and twenty days for a permit under section
16 11509, 11542, 63103a, 63514, or 63704.
17 (x) One hundred fifty days for a permit under section 36505.
18 However, if a site inspection or federal approval is required,
19 the 150-day period is tolled pending completion of the inspection
20 or receipt of the federal approval.
21 (xi) For any other permit, 150 days or, if a hearing is held,
22 90 days after the hearing, whichever is later.
23 Sec. 1303. (1) An application for a permit shall be
24 submitted to the department in a format to be developed by the
25 department, except as provided in section 30307 with respect to a
26 state wetland permit.
27 (2) The department shall, upon request and without charge,
1 provide a person a copy of all of the following:
2 (a) A blank permit application form.
3 (b) In concise form, any instructions necessary to complete
4 the application.
5 (c) A complete, yet concise, explanation of the permit review
6 process.
7 (3) The department shall post the documents described in
8 subsection (2) on its website.
9 Sec. 1305. (1) Effective 30 days after the state receives
10 an application for a permit, the application shall be considered
11 to be administratively complete unless the department proceeds as
12 provided under subsection (2).
13 (2) If, before the expiration of the 30-day period under
14 subsection (1), the department notifies the applicant that the
15 application is not administratively complete, specifying the
16 information necessary to make the application administratively
17 complete, or notifies the applicant that a fee required to
18 accompany the application has not been paid, specifying the
19 amount due, the running of the 30-day period under subsection (1)
20 is tolled until the applicant submits to the department the
21 specified information or fee amount due. The notice shall be
22 given in writing or by electronic notification.
23 Sec. 1307. (1) By the processing deadline, the department
24 shall approve or deny an application for a permit. If requested
25 by the permit applicant, the department may extend the processing
26 period for a permit by not more than 20%. Approval of an
27 application for a permit may be granted with conditions or
1 modifications necessary to achieve compliance with the part or
2 parts of this act under which the permit is issued.
3 (2) A denial of an application for a permit shall include an
4 explanation of the reasons for denial and make specific reference
5 to provisions of this act or rules promulgated under this act
6 providing the basis for denial.
7 (3) Except for permits described in subsection (4), if the
8 department fails to satisfy the requirements of subsection (1)
9 with respect to an application for a permit, the department shall
10 pay the applicant an amount equal to 15% of the greater of the
11 following, as applicable:
12 (a) The amount of the application fee for that permit.
13 (b) If an assessment or other fee is charged on an annual or
14 other periodic basis by the department to a person holding the
15 permit for which the application was submitted, the amount of the
16 first periodic charge of that assessment or other fee for that
17 permit.
18 (4) If the department fails to satisfy the requirements of
19 subsection (1) with respect to a permit under section 11509,
20 11512, or 30307, the application shall be considered to be
21 approved and the department shall be considered to have made any
22 determination required for approval.
23 (5) The failure of the department to satisfy the requirements
24 of subsection (1) or the fact that the department is required to
25 make a payment under subsection (3) or is considered to have
26 approved a permit under subsection (4) shall not be used by the
27 department as the basis for discriminating against the
1 applicant. If the department is required to make a payment under
2 subsection (3), the application shall be processed in sequence
3 with other applications for the same type of permit, based on the
4 date on which the processing period began.
5 (6) If the department fails to satisfy the requirements of
6 subsection (1), the director shall notify the appropriations
7 committees of the senate and house of representatives of the
8 failure. The notification shall be in writing and shall include
9 both of the following:
10 (a) An explanation of the reason for the failure.
11 (b) A statement of the amount the department was required to
12 pay the applicant under subsection (3) or a statement that the
13 department was required to consider the application to be
14 approved under subsection (4), as applicable.
15 Sec. 1309. If a person submits applications for more than 1
16 type of permit for a particular development or project, the
17 department or departments shall process the applications in a
18 coordinated fashion to the extent feasible given procedural
19 requirements applicable to individual permits and, at the request
20 of an applicant, appoint a primary contact person to assist in
21 communications with the department or departments.
22 Sec. 1311. The director of the department shall submit a
23 report by December 1, 2005 and each year thereafter to the
24 standing committees and appropriations subcommittees of the
25 senate and house of representatives with primary responsibility
26 for issues under the jurisdiction of that department. The
27 department shall post the current report on its website. The
1 report shall include all of the following information for each
2 type of permit for the preceding fiscal year:
3 (a) The number of applications for permits the department
4 received.
5 (b) The number of applications approved, the number of
6 applications approved by the processing deadline, the number of
7 applications approved after the processing deadline, and the
8 average time for the department to determine administrative
9 completeness and to approve or disapprove applications.
10 (c) The number of applications denied, the number of
11 applications denied by the processing deadline, and the number of
12 applications denied after the processing deadline.
13 (d) The number of applications that were not administratively
14 complete when received.
15 (e) The amount of money refunded and discounts granted under
16 section 1307.
17 (f) The number of applications processed as provided in
18 section 1309.
19 Sec. 3104. (1) The department is designated the state
20 agency to cooperate and negotiate with other governments,
21 governmental units, and governmental agencies in matters
22 concerning the water resources of the state, including, but not
23 limited to, flood control, beach erosion control, and water
24 quality control planning, development, and management. The
25 department shall have control over the alterations of natural or
26 present watercourses of all rivers and streams in the state to
27 assure that the channels and the portions of the floodplains that
1 are the floodways are not inhabited and are kept free and clear
2 of interference or obstruction that will cause any undue
3 restriction of the capacity of the floodway. The department may
4 take steps as may be necessary to take advantage of any act of
5 congress that may be of assistance in carrying out the purposes
6 of this part, including
the water resources planning act, Public
7 Law 89-80, 42 U.S.C.
1962 to 1962-1 and 1962a 42 USC
1962 to
8 1962d-3, and the federal
water pollution control act, chapter
9 758, 86 Stat. 816, 33
U.S.C. 1251 to 1252, 1253 to 1254, 1255 to
10 1257, 1258 to 1263,
1265 to 1270, 1273 to 1274, 1281, 1282 to
11 1293, 1294 to 1301,
1311 to 1313, 1314 to 1330, 1341 to 1346,
12 1361 to 1375, 1376 to
1377, and 1381 33 USC 1251 to
1387.
13 (2) The department shall report to the governor and to the
14 legislature at least annually on any plans or projects being
15 implemented or considered
for implementation. and shall include
16 in the The report shall include requests for
any legislation
17 needed to implement any proposed projects or agreements made
18 necessary as a result of a plan or project, together with any
19 requests for appropriations. The department may make
20 recommendations to the governor on the designation of areawide
21 water quality planning regions and organizations relative to the
22 governor's responsibilities under the federal water pollution
23 control act, 33 USC 1251 to 1387.
24 (3) A person shall submit
an application for a permit to
25 alter a floodplain on
a form approved by the department and not
26 alter a floodplain except as authorized by a floodplain permit
27 issued by the department pursuant to part 13. An application for
1 a permit shall include information that may be required by the
2 department to assess the proposed alteration's impact on the
3 floodplain. If an alteration includes activities at multiple
4 locations in a floodplain, 1 application may be filed for
5 combined activities.
6 (4) Except as provided in subsections (5), (6), and (8),
7 until October 1, 2008, an application for a floodplain permit
8 shall be accompanied by a fee of $500.00. Until October 1, 2008,
9 if the department determines that engineering computations are
10 required to assess the impact of a proposed floodplain alteration
11 on flood stage or discharge characteristics, the department shall
12 assess the applicant an additional $1,500.00 to cover the
13 department's cost of review.
14 (5) Until October 1, 2008, an application for a floodplain
15 permit for a minor project category shall be accompanied by a fee
16 of $100.00. Minor project categories shall be established by
17 rule and shall include activities and projects that are similar
18 in nature and have minimal potential for causing harmful
19 interference.
20 (6) If work has been done in violation of a permit
21 requirement under this part and restoration is not ordered by the
22 department, the department may accept an application for a permit
23 for that work if the application is accompanied by a fee equal to
24 2 times the permit fee required under subsection (4) or (5).
25 (7) The department shall forward fees collected under this
26 section to the state treasurer for deposit in the land and water
27 management permit fee fund created in section 30113.
1 (8) A project that requires review and approval under this
2 part and 1 or more of the following is subject to only the single
3 highest permit fee required under this part or the following:
4 (a) Part 301.
5 (b) Part 303.
6 (c) Part 323.
7 (d) Part 325.
8 (e) Section 117 of the land division act, 1967 PA 288, MCL
9 560.117.
10 Sec. 3503. The
department may grant permits for the
11 drainage, diversion A person shall not drain, divert, control,
12 or use of water when
necessary water for the operation of a
13 low-grade iron ore mining
property . The operator of the
14 low-grade iron ore
mining property may make application for the
15 permit to the
department in the form prescribed by the
16 department. The
application shall contain except
as authorized
17 by a permit issued by the department pursuant to part 13. An
18 application for a permit shall include information and data as
19 may be prescribed by the department in its rules and
20 regulations. Not later than 60 days following receipt of an
21 application, the department shall fix the time and place for a
22 public hearing on the application and shall publish notice of the
23 hearing. The notice shall be published twice in each county
24 involved in at least 1 newspaper of general circulation in the
25 county. At the hearing, the applicant and any other interested
26 party may appear, present witnesses, and submit evidence.
27 Following the hearing, the department may grant the permit and
1 publish notice of the granting of the permit, in the manner
2 provided for publication of notice of hearing, upon finding the
3 following conditions:
4 (a) That the proposed drainage, diversion, control, or use of
5 waters is necessary for the mining of substantial deposits of
6 low-grade iron ore, and that other feasible and economical
7 methods of obtaining a continuing supply of water for that
8 purpose are not available to the applicant.
9 (b) That the proposed drainage, diversion, control, or use of
10 waters will not unreasonably impair the interests of the public
11 or of riparians in lands or waters or the beneficial public use
12 of lands, and will not endanger the public health or safety.
13 Sec. 4105. (1) The mayor of each city, the president of
14 each village, the township supervisor of each township, the
15 responsible executive officer of a governmental agency, and all
16 other persons operating sewerage systems in this state shall file
17 with the department a true copy of the plans and specifications
18 of the entire sewerage system owned or operated by that person,
19 including any filtration or other purification plant or treatment
20 works as may be operated in connection with the sewerage system,
21 and also plans and specifications of all alterations, additions,
22 or improvements to the systems that may be made. The plans and
23 specifications shall, in
addition to all other things
24 requirements, show all the sources through or from which water is
25 or may be at any time pumped or otherwise permitted to enter into
26 the sewerage system, and the drain, watercourse, river, or lake
27 into which sewage is to be discharged. The plans and
1 specifications shall be
certified by the mayor and city engineer
2 of a city, by the
president and engineer if employed for a
3 village, by the proper
officer and the engineer employed by any
4 other governmental
agency, association, or private corporation
5 for the governmental
agency, association, or private corporation,
6 and by an individual
member of a partnership, or by the
7 individual owner of a
sewerage system owned and operated by a
8 partnership or 1 or
more individuals, including the engineer
9 employed, if any.
Before constructing a sewerage system,
10 filtration or other
purification plant, or treatment works or any
11 alteration, addition,
or improvement to the system or plant, the
12 mayor of each city,
the president of each village, and the
13 responsible official
of all other governmental agencies,
14 associations, private
corporations, and partnerships or
15 individuals shall
submit the plans and specifications to the
16 department and secure
from the department a permit for
17 construction. of a city, the president of a village, a
18 responsible member of a partnership, an individual owner, or the
19 proper officer of any other person that operates a sewerage
20 system, as well as by the engineer, if any are employed by any
21 such operator. The department may promulgate and enforce rules
22 regarding the preparation and submission of plans and
23 specifications and for the issuance and period of validity of
24 construction permits for
the work. A contractor, builder,
25 governmental agency,
corporation, association, partnership, or
26 individual shall not
engage in or commence the construction of a
27 sewerage system,
filtration or other purification plant, or
1 treatment works or an
alteration, addition, or improvement until
2 a valid permit for the
construction is secured from the
3 department. An
official of the governmental agency, corporation,
4 association,
partnership, or individual shall not issue a voucher
5 or check, or in any
other way expend the money of the
6 governmental agency,
corporation, association, partnership, or
7 individual, for the
construction unless a valid permit issued by
8 the department is in
effect.
9 (2) A person shall not construct a sewerage system or any
10 filtration or other purification plant or treatment works in
11 connection with a sewerage system except as authorized by a
12 construction permit issued by the department pursuant to part
13 13. A person shall not issue a voucher or check or otherwise
14 expend money for such construction unless such a permit has been
15 issued. An application for a permit shall be submitted by the
16 mayor of a city, the president of a village, a responsible member
17 of a partnership, an individual owner, or the proper officer of
18 any other person proposing the construction. An application for
19 a permit shall include plans and specifications as described in
20 subsection (1).
21 (3) (2) A
municipal officer or an officer or agent of a
22 governmental agency, corporation, association, partnership, or
23 individual who permits or allows construction to proceed on a
24 sewerage works without a valid permit, or in a manner not in
25 accordance with the plans and specifications approved by the
26 department, is guilty of a misdemeanor punishable by a fine of
27 not more than $500.00 or imprisonment for not more than 90 days,
1 or both.
2 Sec. 6516. (1) A person shall not engage in the business of
3 inspecting motor vehicles
under this part unless the person has
4 received except as authorized by a license to operate a
testing
5 station from the
department issued by the department pursuant
6 to part 13.
7 (2) A person shall not be licensed to operate a testing
8 station unless the person has an established place of business
9 where inspections are to be performed during regular business
10 hours, where records required by this part and the rules
11 promulgated under this part are to be maintained, and that is
12 equipped with an instrument or instruments of a type that comply
13 with and are capable of performing inspections of motor vehicles
14 under this part.
15 (3) A person licensed as a testing station shall perform
16 inspections under this part at the established place of business
17 for which the person is licensed. A person shall inform the
18 department immediately of a change in the address of an
19 established place of business at which the person is licensed as
20 a testing station.
21 (4) A person shall obtain a separate license and pay a
22 separate fee for each established place of business at which a
23 testing station is to be operated.
24 (5) A testing station may establish and operate mobile or
25 temporary testing station locations if they meet all of the
26 following conditions:
27 (a) The instrument used at the mobile or temporary location
1 is capable of meeting the performance specifications for
2 instruments set forth in rules promulgated under this part while
3 operating in the mobile or temporary station environment.
4 (b) The owner of a motor vehicle inspected at the mobile or
5 temporary location shall be provided with a free reinspection of
6 the motor vehicle, at the established place of business of the
7 testing station or at any mobile or temporary testing station
8 location operated by the testing station.
9 (c) Personnel at the licensed established place of business
10 location shall, at all times, know the location and hours of
11 operation of the mobile or temporary testing station or
12 stations.
13 (d) The records required by this part and the rules
14 promulgated under this part relating to inspections performed and
15 the instrument or instruments used at a mobile or temporary
16 testing station shall be maintained at a single established place
17 of business that is licensed as a testing station.
18 (e) The documents printed as required by the rules
19 promulgated under this part by an instrument used at a mobile or
20 temporary testing station location shall contain the testing
21 station number and the name, address, and telephone number of the
22 testing station's established place of business.
23 (6) A testing station may use remote sensing devices as a
24 complement to testing otherwise required by this part.
25 (7) A testing station shall not cause or permit an inspection
26 of a motor vehicle to be performed by a person other than an
27 emission inspector using an instrument of a type that complies
1 with the rules promulgated under this part.
2 (8) A testing station shall display a valid testing station
3 license issued by the department in a place and manner
4 conspicuous to its customers.
5 Sec. 6517. (1)
Application for original and replacement
6 testing station
licenses shall be submitted on forms provided by
7 the department.
8 (1) (2) An
applicant application for a testing station
9 license shall submit
to the department include a description of
10 the business to be
licensed. , which The description shall
11 include, in addition to other information required by this part
12 and the rules promulgated under this part, all of the following:
13 (a) The repair facility registration number issued to the
14 applicant if the applicant is licensed under the motor vehicle
15 service and repair act, Act
No. 300 of the Public Acts of 1974,
16 being sections
257.1301 to 257.1340 of the Michigan Compiled
17 Laws 1974 PA 300, MCL 257.1301 to 257.1340.
18 (b) The name of the business and the address of the business
19 location for which a testing station license is being sought.
20 (c) The name and address of each owner of the business in the
21 case of a sole proprietorship or a partnership and, in the case
22 of a corporation, the name and address of each officer and
23 director and of each owner of 25% or more of the corporation.
24 (d) The name of and identification number issued by the
25 department of for
each emission inspector employed by the
26 applicant.
27 (e) A description, including the model and serial number, of
1 each instrument to be used by the applicant to perform
2 inspections or reinspections under this part and the rules
3 promulgated under this part and the date the instrument was
4 purchased by the applicant.
5 (f) The estimated capacity of the applicant to perform
6 inspections.
7 (2) (3) The
fee for a testing station license is $50.00 and
8 shall accompany the application for a license submitted to the
9 department.
10 (3) (4) A
testing station license shall take effect on the
11 date it is approved by the department and shall remain in effect
12 until this part expires, the license is surrendered by the
13 station, revoked or suspended by the department, or until the
14 motor vehicle repair facility registration of the business has
15 been revoked or suspended by the department of state, surrendered
16 by the facility, or has expired without timely renewal.
17 (4) (5) If
a testing station license has expired by reason
18 of surrender, revocation, or expiration of repair facility
19 registration, the business shall not resume operation as a
20 testing station until the repair facility registration has been
21 reinstated and a new, original application for a testing station
22 license has been received and approved by the department and a
23 new license fee paid.
24 (5) (6) When
the repair facility registration has been
25 suspended, the testing station may resume operation without a new
26 application when the repair facility registration suspension has
27 ended.
1 Sec. 6521. (1) A fleet owner or lessee shall not perform
2 inspections under this part or the rules promulgated under this
3 part unless the fleet
owner or lessee has received from the
4 department except as authorized under a permit to operate
a
5 fleet testing station issued by the department pursuant to part
6 13.
7 (2) A person shall not receive a permit to operate a fleet
8 testing station unless the person has an established location
9 where inspections are to be performed, where records required by
10 this part and the rules promulgated under this part are to be
11 maintained, that is equipped with an instrument or instruments of
12 a type that comply with this part or the rules promulgated under
13 this part, and that is capable of performing inspections of motor
14 vehicles under this part and the rules promulgated under this
15 part.
16 (3) A person with a permit to operate a fleet testing station
17 shall perform inspections under this part and the rules
18 promulgated under this part only at the established location for
19 which the person has the permit. A person shall inform the
20 department immediately of a change in the address of the
21 established location for which the person has a permit to operate
22 a fleet testing station.
23 (4) A fleet testing station shall not cause or permit an
24 inspection of a motor vehicle to be performed by a person other
25 than an emission inspector using an instrument of a type that
26 complies with the rules promulgated under this part.
27 (5) Applications
for original and replacement fleet testing
1 station permits shall
be submitted on forms provided by the
2 department.
3 (5) (6) An
applicant application for a fleet testing
4 station shall submit
to the department include a description of
5 the operation to be
licensed. , which The description shall
6 include, in addition to other information required by this part
7 and the rules promulgated under this part, all of the following:
8 (a) The name of the business and the address of the location
9 for which a fleet testing station permit is being sought.
10 (b) The name and address of each owner of the business in the
11 case of a sole proprietorship or a partnership and, in the case
12 of a corporation, the name and address of each officer and
13 director and of each owner of 25% or more of the corporation.
14 (c) The name of and identification number issued by the
15 department of for
each emission inspector employed by the
16 applicant.
17 (d) A description, including the model and serial number of
18 each instrument to be used by the applicant to perform
19 inspections or reinspections under this part and the rules
20 promulgated under this part, and the date the equipment was
21 purchased by the applicant.
22 (e) A description of the fleet to be inspected, including the
23 number and types of motor vehicles.
24 (f) A statement signed by the applicant certifying that the
25 applicant maintains and repairs, on a regular basis, the fleet
26 vehicles owned by the applicant.
27 (6) (7) A
fleet testing station permit shall take effect on
1 the date it is approved by the department and shall expire 1 year
2 from that date. A fleet testing station permit shall be renewed
3 automatically, unless the fleet testing station informs the
4 department not to renew it or unless the department has revoked
5 the permit.
6 (7) (8) A
person shall obtain a separate permit for each
7 location at which fleet inspections are performed.
8 (8) (9) By
the fifteenth day of each month, each fleet
9 testing station shall remit $1.00 for each vehicle inspected
10 during the preceding month to the department of treasury for
11 deposit in the motor vehicle emissions testing program fund.
12 Sec. 8310. (1) A restricted
use pesticide dealer shall
13 obtain person shall not engage in distributing, selling,
or
14 offering for sale restricted use pesticides to the ultimate user
15 except as authorized under an annual license for each place of
16 business issued by the department pursuant to part 13.
17 (2) The applicant for a license under subsection (1) shall be
18 the person in charge of each business location. The applicant
19 shall demonstrate by written examination his or her knowledge of
20 laws and rules governing the use and sale of restricted use
21 pesticides.
22 (3) A restricted use pesticide dealer shall forward to the
23 director a record of all sales of restricted use pesticides on
24 forms provided by the director as required by rule. Restricted
25 use pesticide dealers shall keep copies of the records on file
26 for 2 years. These records are subject to inspection by an
27 authorized agent of the director. The records shall, upon
1 request, be supplied in summary form to other state agencies.
2 The summary shall include the name and address of the restricted
3 use pesticide dealer, the name and address of the purchaser, the
4 name of the pesticide sold, and, in an emergency, the quantity
5 sold. Information may not be made available to the public if, in
6 the discretion of the director, release of that information could
7 have a significant adverse effect on the competitive position of
8 the dealer, distributor, or manufacturer.
9 (4) A restricted use pesticide dealer shall sell or
10 distribute restricted use pesticides for use only by applicators
11 certified under this part.
12 (5) The director may deny, suspend, or revoke a restricted
13 use pesticide dealer's license for any violation of this part
14 committed by the dealer or the dealer's officer, agent, or
15 employee.
16 (6) A restricted use pesticide dealer shall maintain and
17 submit to the department records of all restricted use pesticide
18 sales to private applicators and the intended county of
19 application for those pesticides.
20 (7) Information collected in subsection (6) is confidential
21 business information and is not subject to the freedom of
22 information act, 1976 PA 442, MCL 15.231 to 15.246.
23 Sec. 8504. (1) A person shall not manufacture or distribute
24 fertilizer in this state, except specialty fertilizer and soil
25 conditioners, until the appropriate groundwater protection fee
26 provided in section 8715 has been submitted, and except as
27 authorized by a license
to manufacture or distribute has been
1 obtained by the
manufacturer or distributor from the department
2 upon issued by the department pursuant to part 13. An
3 application for a license shall be accompanied by a payment of a
4 fee of $100.00 for each of the following:
5 (a) For each Each
fixed location at which fertilizer is
6 manufactured in this state.
7 (b) For each Each
mobile unit used to manufacture
8 fertilizer in this state.
9 (c) For each Each
location out of the state that applies
10 labeling showing out-of-state origin of fertilizer distributed in
11 this state to nonlicensees.
12 (2) An application for a license to manufacture or distribute
13 fertilizer shall include:
14 (a) The name and address of the applicant.
15 (b) The name and address of each bulk distribution point in
16 the state not licensed for fertilizer manufacture or
17 distribution. The name and address shown on the license shall be
18 shown on all labels, pertinent invoices, and bulk storage for
19 fertilizers distributed by the licensee in this state.
20 (3) The licensee shall inform the director in writing of
21 additional distribution points established during the period of
22 the license.
23 (4) A distributor shall
not be is not required to obtain a
24 license if the distributor is selling fertilizer of a distributor
25 or a manufacturer licensed under this part.
26 (5) All licenses to manufacture or distribute fertilizer
27 expire on December 31 of each year.
1 Sec. 9112. (1) A person shall not maintain or undertake an
2 earth change governed by this part, the rules promulgated under
3 this part, or an applicable local ordinance, except in accordance
4 with this part and the rules promulgated under this part or with
5 the applicable local
ordinance, and pursuant to a permit
6 approved except as authorized by a permit issued by the
7 appropriate county enforcing agency or municipal enforcing agency
8 pursuant to part 13. A
county enforcing agency or municipal
9 enforcing agency shall
approve or deny an application for a
10 permit within 30 days
after the filing of a complete application
11 for a permit.
12 (2) If in the opinion of the department a person, including
13 an authorized public agency, violates this part, the rules
14 promulgated under this part, or an applicable local ordinance, or
15 a county enforcing agency or municipal enforcing agency fails to
16 enforce this part, the rules promulgated under this part, or an
17 applicable local ordinance, the department may notify the alleged
18 offender in writing of its determination. If the department
19 places a county on probation under section 9105, a municipality
20 is not approved under section 9106, or a state agency or agency
21 of a local unit of government is not approved under section 9110,
22 or if the department determines that a municipal enforcing agency
23 or authorized public agency is not satisfactorily administering
24 and enforcing this part and rules promulgated under this part,
25 the department shall notify the county, municipality, state
26 agency, or agency of a local unit of government in writing of its
27 determination or action. The notice shall contain, in addition
1 to a statement of the specific violation or failure that the
2 department believes to exist, a proposed order, stipulation for
3 agreement, or other action that the department considers
4 appropriate to assure timely correction of the violation or
5 failure. The notice shall set a date for a hearing not less than
6 4 nor more than 8 weeks from the date of the notice of
7 determination. Extensions of the date of the hearing may be
8 granted by the department or on request. At the hearing, any
9 interested party may appear, present witnesses, and submit
10 evidence. A person who has been served with a notice of
11 determination may file a written answer to the notice of
12 determination before the date set for hearing or at the hearing
13 may appear and present oral or written testimony and evidence on
14 the charges and proposed requirements of the department to assure
15 correction of the violation or failure. If a person served with
16 the notice of determination agrees with the proposed requirements
17 of the department and notifies the department of that agreement
18 before the date set for the hearing, disposition of the case may
19 be made with the approval of the department by stipulation or
20 consent agreement without further hearing. The final order of
21 determination following the hearing, or the stipulation or
22 consent order as authorized by this section and approved by the
23 department, is conclusive unless reviewed in accordance with the
24 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
25 24.328, in the circuit court of Ingham county, or of the county
26 in which the violation occurred, upon petition filed within 15
27 days after the service upon the person of the final order of
1 determination.
2 Sec. 11509. (1) Except as otherwise provided in section
3 11529, a person otherwise
allowed under this part to own or
4 operate a solid waste
disposal area shall not establish a
5 disposal area without
a construction permit from the
6 department, except as authorized by a construction permit issued
7 by the department pursuant to part 13. In addition, a person
8 shall not establish a disposal area contrary to an approved solid
9 waste management plan, or contrary to a permit, license, or final
10 order issued pursuant to this part. A person proposing the
11 establishment of a disposal area shall apply for a construction
12 permit to the department
through the health officer. on a form
13 provided by the
department. If the disposal area is
located in a
14 county or city that does not have a certified health department,
15 the application shall be made directly to the department.
16 (2) The application for a construction permit shall contain
17 the name and residence of the applicant, the location of the
18 proposed disposal area, the design capacity of the disposal area,
19 and other information specified by rule. A person may apply to
20 construct more than 1 type of disposal area at the same facility
21 under a single permit. The application shall be accompanied by
22 an engineering plan and a construction permit application fee. A
23 construction application
permit application for a landfill
24 shall be accompanied by a fee in an amount that is the sum of all
25 of the applicable
fees in this subsection following fees, as
26 applicable:
27 (a) For a new sanitary landfill, a fee equal to the following
1 amount:
2 (i) For a municipal solid waste landfill, $1,500.00.
3 (ii) For an industrial waste landfill, $1,000.00.
4 (iii) For a type III landfill limited to low hazard
5 industrial waste, $750.00.
6 (b) For a lateral expansion of a sanitary landfill, a fee
7 equal to the following amount:
8 (i) For a municipal solid waste landfill, $1,000.00.
9 (ii) For an industrial waste landfill, $750.00.
10 (iii) For a type III landfill limited to low hazard
11 industrial waste, construction and demolition waste, or other
12 nonindustrial waste, $500.00.
13 (c) For a vertical expansion of an existing sanitary
14 landfill, a fee equal to the following amount:
15 (i) For a municipal solid waste landfill, $750.00.
16 (ii) For an industrial waste landfill, $500.00.
17 (iii) For an industrial waste landfill limited to low hazard
18 industrial waste, construction and demolition waste, or other
19 nonindustrial waste, $250.00.
20 (3) The application for a construction permit for a solid
21 waste transfer facility, a solid waste processing plant, other
22 disposal area, or a combination of these, shall be accompanied by
23 a fee in the following amount:
24 (a) For a new facility for municipal solid waste, or a
25 combination of municipal solid waste and waste listed in
26 subdivision (b), $1,000.00.
27 (b) For a new facility for industrial waste, or construction
1 and demolition waste, $500.00.
2 (c) For the expansion of an existing facility for any type of
3 waste, $250.00.
4 (4) If an application is returned to the applicant as
5 administratively incomplete, the department shall refund the
6 entire fee. If a permit is denied or an application is
7 withdrawn, the department shall refund 1/2 the amount specified
8 in subsection (3) to the applicant. An applicant for a
9 construction permit, within 12 months after a permit denial or
10 withdrawal, may resubmit the application and the refunded portion
11 of the fee, together with the additional information as needed to
12 address the reasons for denial, without being required to pay an
13 additional application fee.
14 (5) An application for a modification to a construction
15 permit or for renewal of a construction permit which has expired
16 shall be accompanied by a fee of $250.00. Increases in final
17 elevations that do not result in an increase in design capacity
18 or a change in the solid waste boundary shall be considered a
19 modification and not a vertical expansion.
20 (6) A person who applies to permit more than 1 type of
21 disposal area at the same facility shall pay a fee equal to the
22 sum of the applicable fees listed in this section.
23 (7) The department shall deposit permit application fees
24 collected under this section in the solid waste staff account of
25 the solid waste management fund established in section 11550.
26 Sec. 11511. (1) The
department shall make a final decision
27 as to whether to issue
a construction permit within 120 days
1 after the department
receives an administratively complete
2 application. The
decision of the department and the reasons for
3 the decision shall be
in writing with specific reference to this
4 part or rules
promulgated under this part for any substantiation
5 of denial of the
permit application and shall be sent by
6 first-class mail to The department shall notify the clerk of the
7 municipality in which the disposal area is proposed to be located
8 and to the
applicant of its approval or denial of an
9 application for a construction permit within 10 days after the
10 final decision is made. If
the department fails to make a final
11 decision within 120
days, the permit shall be considered issued.
12 (2) A construction permit shall expire 1 year after the date
13 of issuance, unless development under the construction permit is
14 initiated within that year. A construction permit that has
15 expired may be renewed upon payment of a permit renewal fee and
16 submission of any additional information the department may
17 require.
18 (3) Except as otherwise provided in this subsection, the
19 department shall not issue a construction permit for a disposal
20 area within a planning area unless a solid waste management plan
21 for that planning area has been approved pursuant to sections
22 11536 and 11537 and unless the disposal area complies with and is
23 consistent with the approved solid waste management plan. The
24 department may issue a construction permit for a disposal area
25 designed to receive ashes produced in connection with the
26 combustion of fossil fuels for electrical power generation in the
27 absence of an approved county solid waste management plan, upon
1 receipt of a letter of approval from whichever county or
2 counties, group of municipalities, or regional planning agency
3 has prepared or is preparing the county solid waste management
4 plan for that planning area under section 11533 and from the
5 municipality in which the disposal area is to be located.
6 Sec. 11512. (1) A person shall dispose of solid waste at a
7 disposal area licensed under this part unless a person is
8 permitted by state law or rules promulgated by the department to
9 dispose of the solid waste at the site of generation.
10 (2) Except as otherwise provided in this section or in
11 section 11529, a person shall not conduct, manage, maintain, or
12 operate a disposal area
within this state without a license from
13 the department, except as authorized by an operating license
14 issued by the department pursuant to part 13. In addition, a
15 person shall not conduct, manage, maintain, or operate a disposal
16 area contrary to an approved solid waste management plan, or
17 contrary to a permit, license, or final order issued under this
18 part. A person who intends to conduct, manage, maintain, or
19 operate a disposal area shall submit a license application to the
20 department through a
certified health department. on a form
21 provided by the
department. If the disposal area is
located in a
22 county or city that does not have a certified health department,
23 the application shall be made directly to the department. A
24 person authorized by this part to operate more than 1 type of
25 disposal area at the same facility may apply for a single
26 license.
27 (3) The application for a license shall contain the name and
1 residence of the applicant, the location of the proposed or
2 existing disposal area, the type or types of disposal area
3 proposed, evidence of bonding, and other information required by
4 rule. In addition, an applicant for a type II landfill shall
5 submit evidence of financial assurance adequate to meet the
6 requirements of section 11523a, the maximum waste slope in the
7 active portion, an estimate of remaining permitted capacity, and
8 documentation on the amount of waste received at the disposal
9 area during the previous license period or expected to be
10 received, whichever is greater. The application shall be
11 accompanied by a fee as specified in subsections (7), (9), and
12 (10).
13 (4) At the time of application for a license for a disposal
14 area, the applicant shall submit to a health officer or the
15 department a certification under the seal of a licensed
16 professional engineer verifying that the construction of the
17 disposal area has proceeded according to the approved plans. If
18 construction of the disposal area or a portion of the disposal
19 area is not complete, the department shall require additional
20 construction certification of that portion of the disposal area
21 during intermediate progression of the operation, as specified in
22 section 11516(5).
23 (5) An applicant for an operating license, within 6 months
24 after a license denial, may resubmit the application, together
25 with additional information or corrections as are necessary to
26 address the reason for denial, without being required to pay an
27 additional application fee.
1 (6) In order to conduct tests and assess operational
2 capabilities, the owner or operator of a municipal solid waste
3 incinerator that is designed to burn at a temperature in excess
4 of 2500 degrees Fahrenheit may operate the incinerator without an
5 operating license, upon notice to the department, for a period
6 not to exceed 60 days.
7 (7) The application for a type II landfill operating license
8 shall be accompanied by the following fee for the 5-year term of
9 the operating license, calculated in accordance with subsection
10 (8):
11 (a) Landfills receiving less than 100 tons per day, $250.00.
12 (b) Landfills receiving 100 tons per day or more, but less
13 than 250 tons per day, $1,000.00.
14 (c) Landfills receiving 250 tons per day or more, but less
15 than 500 tons per day, $2,500.00.
16 (d) Landfills receiving 500 tons per day or more, but less
17 than 1,000 tons per day, $5,000.00.
18 (e) Landfills receiving 1,000 tons per day or more, but less
19 than 1,500 tons per day, $10,000.00.
20 (f) Landfills receiving 1,500 tons per day or more, but less
21 than 3,000 tons per day, $20,000.00.
22 (g) Landfills receiving greater than 3,000 tons per day,
23 $30,000.00.
24 (8) Type II landfill application fees shall be based on the
25 average amount of waste projected to be received daily during the
26 license period. Application fees for license renewals shall be
27 based on the average amount of waste received in the previous
1 calendar year. Application fees shall be adjusted in the
2 following circumstances:
3 (a) If a landfill accepts more waste than projected, a
4 supplemental fee equal to the difference shall be submitted with
5 the next license application.
6 (b) If a landfill accepts less waste than projected, the
7 department shall credit the applicant an amount equal to the
8 difference with the next license application.
9 (c) A type II landfill that measures waste by volume rather
10 than weight shall pay a fee based on 3 cubic yards per ton.
11 (d) A landfill used exclusively for municipal solid waste
12 incinerator ash that measures waste by volume rather than weight
13 shall pay a fee based on 1 cubic yard per ton.
14 (e) If an application is submitted to renew a license more
15 than 1 year prior to license expiration, the department shall
16 credit the applicant an amount equal to 1/2 the application fee.
17 (f) If an application is submitted to renew a license more
18 than 6 months but less than 1 year prior to license expiration,
19 the department shall credit the applicant an amount equal to 1/4
20 the application fee.
21 (9) The operating license application for a type III landfill
22 shall be accompanied by a fee equal to $2,500.00.
23 (10) The operating license application for a solid waste
24 processing plant, solid waste transfer facility, other disposal
25 area, or combination of these entities shall be accompanied by a
26 fee equal to $500.00.
27 (11) The department shall deposit operating license
1 application fees collected under this section in the perpetual
2 care account of the solid waste management fund established in
3 section 11550.
4 (12) A person who applies for an operating license for more
5 than 1 type of disposal area at the same facility shall pay a fee
6 equal to the sum of the applicable application fees listed in
7 this section.
8 Sec. 11516. (1) Subject
to subsection (4), the The
9 department shall conduct
a consistency review and make before
10 making a final decision
on a license application. within 90 days
11 after the department
receives an administratively complete
12 application. The
decision of the department and the reasons for
13 the decision shall be
documented in writing with specific
14 reference to this part
or rules promulgated under this part and
15 shall be sent by
first-class mail to The
department shall notify
16 the clerk of the municipality in which the disposal area is
17 located and to the
applicant of its approval or denial of a
18 license application within 10 days after the final decision is
19 made. If the
department fails to make a final decision within
20 90 days, the license
is considered issued.
21 (2) An operating license shall expire 5 years after the date
22 of issuance. An operating license may be renewed before
23 expiration upon payment of a renewal application fee specified in
24 section 11512(8) if the licensee is in compliance with this part
25 and the rules promulgated under this part.
26 (3) The issuance of the operating license under this part
27 empowers the department or a health officer or an authorized
1 representative of a health officer to enter at any reasonable
2 time, pursuant to law, in or upon private or public property
3 licensed under this part for the purpose of inspecting or
4 investigating conditions relating to the storage, processing, or
5 disposal of any material.
6 (4) Except as otherwise provided in this subsection, the
7 department shall not issue an operating license for a new
8 disposal area within a planning area unless a solid waste
9 management plan for that planning area has been approved pursuant
10 to sections 11536 and 11537 and unless the disposal area complies
11 with and is consistent with the approved solid waste management
12 plan. The department may issue an operating license for a
13 disposal area designed to receive ashes produced in connection
14 with the combustion of fossil fuels for electrical power
15 generation in the absence of an approved county solid waste
16 management plan, upon receipt of a letter of approval from
17 whichever county or counties, group of municipalities, or
18 regional planning agency has prepared or is preparing the county
19 solid waste management plan for that planning area under section
20 11533 and from the municipality in which the disposal area is to
21 be located.
22 (5) Issuance of an operating license by the department
23 authorizes the licensee to accept waste for disposal in certified
24 portions of the disposal area for which a bond was established
25 under section 11523 and, for type II landfills, for which
26 financial assurance was demonstrated under section 11523a. If
27 the construction of a portion of a landfill licensed under this
1 section is not complete at the time of license application, the
2 owner or operator of the landfill shall submit a certification
3 under the seal of a licensed professional engineer verifying that
4 the construction of that portion of the landfill has proceeded
5 according to the approved plans at least 60 days prior to the
6 anticipated date of waste disposal in that portion of the
7 landfill. If the department does not deny the certification
8 within 60 days of receipt, the owner or operator may accept waste
9 for disposal in the certified portion. In the case of a denial,
10 the department shall issue a written statement stating the
11 reasons why the construction or certification is not consistent
12 with this part or rules promulgated under this part or the
13 approved plans.
14 Sec. 11542. (1)
Except as provided in subsection (9) (5),
15 municipal solid waste incinerator ash shall be disposed of in 1
16 of the following:
17 (a) A landfill that meets all of the following requirements:
18 (i) The landfill is in compliance with this part and the
19 rules promulgated under this part.
20 (ii) The landfill is used exclusively for the disposal of
21 municipal solid waste incinerator ash.
22 (iii) The landfill design includes all of the following in
23 descending order according to their placement in the landfill:
24 (A) A leachate collection system.
25 (B) A synthetic liner at least 60 mils thick.
26 (C) A compacted clay liner of 5 feet or more with a maximum
27 hydraulic conductivity of 1 x 10 -7 centimeters per second.
1 (D) A leak detection and leachate collection system.
2 (E) A compacted clay liner at least 3 feet thick with a
3 maximum hydraulic conductivity of 1 x 10 -7 centimeters per
4 second or a synthetic liner at least 40 mils thick.
5 (b) A landfill that meets all of the following requirements:
6 (i) The landfill is in compliance with this part and the
7 rules promulgated under this part.
8 (ii) The landfill is used exclusively for the disposal of
9 municipal solid waste incinerator ash.
10 (iii) The landfill design includes all of the following in
11 descending order according to their placement in the landfill:
12 (A) A leachate collection system.
13 (B) A composite liner, as defined in R 299.4102 of the
14 Michigan administrative code.
15 (C) A leak detection and leachate collection system.
16 (D) A second composite liner.
17 (iv) If contaminants that may threaten the public health,
18 safety, or welfare, or the environment are found in the leachate
19 collection system described in subparagraph (iii)(C), the owner
20 or operator of the landfill shall determine the source and nature
21 of the contaminants and make repairs, to the extent practicable,
22 that will prevent the contaminants from entering the leachate
23 collection system. If the department determines that the source
24 of the contaminants is caused by a design failure of the
25 landfill, the department, notwithstanding an approved
26 construction permit or operating license, may require landfill
27 cells at that landfill that will be used for the disposal of
1 municipal solid waste incinerator ash, which are under
2 construction or will be constructed in the future at the
3 landfill, to be constructed in conformance with improved design
4 standards approved by the department. However, this subparagraph
5 does not require the removal of liners or leak detection and
6 leachate collection systems that are already in place in a
7 landfill cell under construction.
8 (c) A landfill that is a monitorable unit, as defined in
9 R 299.4104 of the Michigan administrative code, and that meets
10 all of the following requirements:
11 (i) The landfill is in compliance with this part and the
12 rules promulgated under this part.
13 (ii) The landfill is used exclusively for the disposal of
14 municipal solid waste incinerator ash.
15 (iii) The landfill design includes all of the following in
16 descending order according to their placement in the landfill:
17 (A) A leachate collection system.
18 (B) A synthetic liner at least 60 mils thick.
19 (C) Immediately below the synthetic liner, either 2 feet of
20 compacted clay with a maximum hydraulic conductivity of 1 x 10 -7
21 centimeters per second or a bentonite geocomposite liner, as
22 specified in R 299.4914 of the Michigan administrative code.
23 (D) At least 10 feet of either natural or compacted clay with
24 a maximum hydraulic conductivity of 1 x 10 -7 centimeters per
25 second, or equivalent.
26 (d) A landfill with a design approved by the department that
27 will prevent the migration of any hazardous constituent into the
1 groundwater or surface water at least as effectively as the
2 design requirements of subdivisions (a) to (c).
3 (e) A type II landfill, as defined in R 299.4105 of the
4 Michigan administrative code, if both of the following conditions
5 apply:
6 (i) The ash was generated by a municipal solid waste
7 incinerator that is designed to burn at a temperature in excess
8 of 2500 degrees Fahrenheit.
9 (ii) The ash from any individual municipal solid waste
10 incinerator is disposed of pursuant to this subdivision for a
11 period not to exceed 60 days.
12 (2) (3) Except
as provided in subsection (4) (3), a
13 landfill that is constructed pursuant to the design described in
14 subsection (1) shall be capped following its closure by all of
15 the following in descending order:
16 (a) Six inches of top soil with a vegetative cover.
17 (b) Two feet of soil to protect against animal burrowing,
18 temperature, erosion, and rooted vegetation.
19 (c) An infiltration collection system.
20 (d) A synthetic liner at least 30 mils thick.
21 (e) Two feet of compacted clay with a maximum hydraulic
22 conductivity of 1 x 10 -7 centimeters per second.
23 (3) (4) A
landfill that receives municipal solid waste
24 incinerator ash under this section may be capped with a design
25 approved by the department that will prevent the migration of any
26 hazardous constituent into the groundwater or surface water at
27 least as effectively as the design requirements of subsection
1 (3) (2).
2 (4) (5) If
leachate is collected from a landfill under this
3 section, the leachate shall be monitored and tested in accordance
4 with this part and the rules promulgated under this part.
5 (5) (6) As
an alternative to disposal described in
6 subsection (1), the owner or operator of a municipal solid waste
7 incinerator may process municipal solid waste incinerator ash
8 through mechanical or chemical methods, or both, to substantially
9 diminish the toxicity of the ash or its constituents or limit the
10 leachability of the ash or its constituents to minimize threats
11 to human health and the environment, if processing is performed
12 on the site of the municipal solid waste incinerator or at the
13 site of a landfill described in subsection (1), if the process
14 has been approved by the department as provided by rule, and if
15 the ash is tested after processing in accordance with a protocol
16 approved by the department as provided by rule. The department
17 shall approve the process and testing protocol under this
18 subsection only if the process and testing protocol will protect
19 human health and the environment. In making this determination,
20 the department shall consider all potential pathways of human and
21 environmental exposure, including both short-term and long-term,
22 to constituents of the ash that may be released during the reuse
23 or recycling of the ash. The department shall consider requiring
24 methods to determine the leaching, total chemical analysis,
25 respirability, and toxicity of reused or recycled ash. A
26 leaching procedure shall include testing under both acidic and
27 native conditions. If municipal solid waste incinerator ash is
1 processed in accordance with the requirements of this subsection
2 and the processed ash satisfies the testing protocol approved by
3 the department as provided by rule, the ash may be disposed of in
4 a municipal solid waste landfill, as defined by R 299.4104 of the
5 Michigan administrative code, licensed under this part or may be
6 used in any manner approved by the department. If municipal
7 solid waste incinerator ash is processed as provided in this
8 subsection, but does not satisfy the testing protocol approved by
9 the department as provided by rule, the ash shall be disposed of
10 in accordance with subsection (1).
11 (6) (7) The
disposal of municipal solid waste incinerator
12 ash within a landfill that is in compliance with subsection (1)
13 does not constitute a new proposal for which a new construction
14 permit is required under section 11510, if a construction permit
15 has previously been issued under section 11509 for the landfill
16 and the owner or operator of the landfill submits 6 copies of an
17 operating license amendment application to the department for
18 approval pursuant to part 13. The operating license amendment
19 application shall include revised plans and specifications for
20 all facility modifications including a leachate disposal plan, an
21 erosion control plan, and a dust control plan which shall be part
22 of the operating license amendment. The dust control plan shall
23 contain sufficient detail to ensure that dust emissions are
24 controlled by available control technologies that reduce dust
25 emissions by a reasonably achievable amount to the extent
26 necessary to protect human health and the environment. The dust
27 control plan shall provide for the ash to be wet during all times
1 that the ash is exposed to the atmosphere at the landfill or
2 otherwise to be covered by daily cover material; for dust
3 emissions to be controlled during dumping, grading, loading, and
4 bulk transporting of the ash at the landfill; and for dust
5 emissions from access roads within the landfill to be
6 controlled. With the exception of a landfill that is in
7 existence on June 12, 1989 that the department determines is
8 otherwise in compliance with this section, the owner or operator
9 of the landfill shall obtain the operating license amendment
10 prior to initiating construction. Prior to operation, the owner
11 or operator of a landfill shall submit to the department
12 certification from a licensed professional engineer that the
13 landfill has been constructed in accordance with the approved
14 plan and specifications. At the time the copies are submitted to
15 the department, the owner or operator of the landfill shall send
16 a copy of the operating license amendment application to the
17 municipality where the landfill is located. At least 30 days
18 prior to making a final decision on the operating license
19 amendment, the department shall hold at least 1 public meeting in
20 the vicinity of the landfill to receive public comments. Prior
21 to a public meeting, the department shall publish notice of the
22 meeting in a newspaper
serving the local area. The department
23 shall issue a final
decision on an operating license amendment
24 application within 120
days after the department receives an
25 administratively
complete application.
26 (7) (8) The
owner or operator of a municipal solid waste
27 incinerator or a disposal area that receives municipal solid
1 waste incinerator ash shall allow the department access to the
2 facility for the purpose of supervising the collection of samples
3 or obtaining samples of ash to test or to monitor air quality at
4 the facility.
5 (8) (9) As
used in subsection (1), "landfill" means a
6 landfill or a specific portion of a landfill.
7 Sec. 11703. (1) A
person engaged shall not engage in the
8 business of servicing shall
apply for except as authorized by a
9 septage waste servicing
license on an application form provided
10 by the department issued by the department pursuant to part 13.
11 The department shall provide an application form that includes
12 all of the following:
13 (a) The applicant's name and mailing address.
14 (b) The location or locations where the business is
15 operated.
16 (c) Additional information pertinent to this part as required
17 by the department.
18 (2) A person who submits a completed application form under
19 subsection (1) shall submit to the department with the
20 application all of the following:
21 (a) An application fee of $300.00 that will be refunded by
22 the department if a septage waste servicing license is not
23 issued.
24 (b) A $100.00 fee to accompany an initial license application
25 to be credited to the septage waste site contingency fund as
26 provided in section 11717.
27 (c) Written approval from all public septage waste treatment
1 facilities where the applicant plans to dispose of septage waste
2 and the locations sites
where the applicant plans to dispose of
3 septage waste upon receiving the department's approval, and, for
4 each proposed disposal site, either proof of ownership of the
5 proposed disposal location
site or written approval from the
6 site owner.
7 (3) A person who holds a septage waste servicing license
8 shall maintain at all times at his or her place of business a
9 complete record of the amount of septage waste that the person
10 has transported and disposed of and the location at which the
11 disposal of septage waste has occurred. The person shall display
12 these records upon the request of the director, a peace officer,
13 or an official of a certified health department.
14 Sec. 11704. (1) A person who is required to be licensed
15 pursuant to section 11703
is required to have shall not use a
16 motor vehicle to transport septage waste except as authorized by
17 a septage waste motor vehicle license issued by the department
18 pursuant to part 13 for each vehicle that is used to transport
19 septage waste. A septage waste motor vehicle license application
20 form shall be
provided by the department and shall be submitted
21 to the department with
shall be accompanied by a license fee of
22 $75.00 for each vehicle required to be licensed under this part.
23 A motor vehicle license
application is to shall include all of
24 the following information:
25 (a) The model and year of the motor vehicle.
26 (b) The capacity of any tank used to remove or transport the
27 septage waste.
1 (c) The name of the motor vehicle's insurance carrier.
2 (d) Additional information pertinent to this part as required
3 by the department.
4 (2) A person who is issued a septage waste motor vehicle
5 license issued
pursuant to this section shall carry that
6 license at all times in the motor vehicle that is described in
7 that license and display the license upon the request of the
8 department, a peace officer, or an official of a certified health
9 department.
10 (3) Without the express permission of the department, a
11 person shall not use a vehicle used to transport septage waste to
12 transport hazardous waste regulated under part 111 or liquid
13 industrial waste regulated under part 121.
14 Sec. 11709. (1) Subject to the limitations contained in
15 sections 11710 and 11711, septage waste that is picked up at a
16 location that is further than 15 road miles from a public septage
17 waste treatment facility ,
or where a public waste treatment
18 facility is not
available, may be disposed of on
land if the
19 person holding licenses issued pursuant to sections 11703 and
20 11704 applies to the
department for a permit obtains a permit
21 issued by the department pursuant to part 13 authorizing the
22 disposal of septage waste on land, supplies any additional
23 information pertinent to this part as required by the department,
24 and sends notice to property owners as provided in
25 subsection (2).
26 (2) An applicant for a permit under subsection (1) shall send
27 a notice to each land owner who owns property located within 800
1 feet of the proposed disposal location on a form approved by the
2 department. Service of the notice shall be made by first-class
3 mail. The notification shall include the nature of the proposed
4 land use, the location of the proposed disposal area, and whom to
5 contact if there is an objection to the proposed land use. A
6 copy of the notice that is mailed to each property owner shall be
7 sent to the certified health department having jurisdiction. If
8 no substantiated objections as determined by the department are
9 received within 10 business days following the mailing of the
10 notification, the department may issue a permit as provided in
11 this section. If the department finds that the applicant is
12 unable to provide notice as required in this subsection, the
13 department may waive the notice requirement or allow the
14 applicant to use a substitute means of providing notice.
15 (3) A permit issued under this section shall expire at the
16 same time as a septage waste servicing license issued pursuant to
17 section 11703, but is subject to renewal at that time. A permit
18 issued under this section may be revoked by the department if
19 septage waste disposal or site management is in violation of this
20 part or the rules promulgated under this part.
21 Sec. 30104. (1) Before
a project that is subject to this
22 part is undertaken, a
person shall file an application and
23 receive a permit from
the department. The application shall be
24 on a form prescribed
by the department and A person
shall not
25 undertake a project subject to this part except as authorized by
26 a permit issued by the department pursuant to part 13. An
27 application for a permit shall include any information that may
1 be required by the department. If a project includes activities
2 at multiple locations, 1 application may be filed for the
3 combined activities.
4 (2) Except as provided in subsections (3) and (4), until
5 October 1, 2008, an application for a permit shall be accompanied
6 by a fee based on an administrative cost in accordance with the
7 following schedule:
8 (a) For a minor project listed in R 281.816 of the Michigan
9 administrative code, or a seasonal drawdown or the associated
10 reflooding, or both, of a dam or impoundment for the purpose of
11 weed control, a fee of $50.00. However, for a permit for a
12 seasonal drawdown or associated reflooding, or both, of a dam or
13 impoundment for the purpose of weed control that is issued for
14 the first time after October 9, 1995, an initial fee of $500.00
15 with subsequent permits for the same purpose being assessed a
16 $50.00 fee.
17 (b) For construction or expansion of a marina, a fee of:
18 (i) $50.00 for an expansion of 1-10 slips to an existing
19 permitted marina.
20 (ii) $100.00 for a new marina with 1-10 proposed marina
21 slips.
22 (iii) $250.00 for an expansion of 11-50 slips to an existing
23 permitted marina, plus $10.00 for each slip over 50.
24 (iv) $500.00 for a new marina with 11-50 proposed marina
25 slips, plus $10.00 for each slip over 50.
26 (v) $1,500.00 if an existing permitted marina proposes
27 maintenance dredging of 10,000 cubic yards or more or the
1 addition of seawalls, bulkheads, or revetments of 500 feet or
2 more.
3 (c) For renewal of a marina operating permit, a fee of
4 $50.00.
5 (d) For major projects other than a project described in
6 subdivision (b)(v), involving any of the following, a fee of
7 $2,000.00:
8 (i) Dredging of 10,000 cubic yards or more.
9 (ii) Filling of 10,000 cubic yards or more.
10 (iii) Seawalls, bulkheads, or revetment revetments
of 500
11 feet or more.
12 (iv) Filling or draining of 1 acre or more of wetland
13 contiguous to a lake or stream.
14 (v) New dredging or upland boat basin excavation in areas of
15 suspected contamination.
16 (vi) Shore projections, such as groins and underwater
17 stabilizers, that extend 150 feet or more into a lake or stream.
18 (vii) New commercial docks or wharves of 300 feet or more in
19 length.
20 (viii) Stream enclosures 100 feet or more in length.
21 (ix) Stream relocations 500 feet or more in length.
22 (x) New golf courses.
23 (xi) Subdivisions.
24 (xii) Condominiums.
25 (e) For all other projects not listed in subdivisions (a)
26 through (d), a fee of $500.00.
27 (3) A project that requires review and approval under this
1 part and 1 or more of the following acts or parts of acts is
2 subject to only the single highest permit fee required under this
3 part or the following acts or parts of acts:
4 (a) Part 303.
5 (b) Part 323.
6 (c) Part 325.
7 (d) Section 3104.
8 (e) Section 117 of the land division act, 1967 PA 288, MCL
9 560.117.
10 (4) If work has been done in violation of a permit
11 requirement under this part and restoration is not ordered by the
12 department, the department may accept an application for a permit
13 if the application is accompanied by a fee equal to 2 times the
14 permit fee required under this section.
15 Sec. 30105. (1) Until October 1, 2003, a person who desires
16 notification of pending applications may submit a written request
17 to the department accompanied by an annual fee of $25.00. The
18 department shall forward all annual fees to the state treasurer
19 for deposit into the fund. The department shall prepare a
20 monthly list of the applications made during the previous month
21 and shall promptly mail copies of the list for the remainder of
22 the calendar year to the persons who have so requested notice.
23 The monthly list shall state the name and address of each
24 applicant, the legal description of the lands included in the
25 applicant's project, and a summary statement of the purpose of
26 the project. The department may hold a public hearing on pending
27 applications.
1 (2) Except as otherwise provided in this section, upon
2 receiving an application, the department shall submit copies for
3 review to the director of the department of community health or
4 the local health department designated by the director of the
5 department of community health, to the city, village, or township
6 and the county where the project is to be located, to the local
7 soil conservation district, to the watershed council
organized
8 under part 311, if any, to the local port commission, if any, and
9 to the persons required to be included in the application
10 pursuant to section 30104(1). Each copy of the application shall
11 be accompanied by a statement that unless a written request is
12 filed with the department within 20 days after the submission for
13 review, the department may grant the application without a public
14 hearing where the project is located. The department may hold a
15 public hearing upon the written request of the applicant or a
16 riparian owner or a person or governmental unit that is entitled
17 to receive a copy of the application pursuant to this
18 subsection.
19 (3) After completion of a project for which an application is
20 approved, the department may cause a final inspection to be made
21 and certify to the applicant that the applicant has complied with
22 the department's permit requirements.
23 (4) At least 10 days' notice of a hearing to be held under
24 this section shall be given by publication in a newspaper
25 circulated in the county where the project is to be located and
26 by mailing copies of the notice to the persons who have requested
27 the monthly list pursuant to subsection (1), to the person
1 requesting the hearing, and to the persons and governmental units
2 that are entitled to receive a copy of the application pursuant
3 to subsection (2).
4 (5) The
department shall grant or deny the permit within 60
5 days, or within 90
days if a public hearing is held, after the
6 filing of an
application pursuant to section 30104. If a permit
7 is denied, the
department shall provide to the applicant a
8 concise written
statement of its reasons for denial of the
9 permit, and, if it
appears that a minor modification of the
10 application would
result in the granting of the permit, the
11 nature of the
modification shall be stated. In an
emergency, the
12 department may issue a conditional permit before the expiration
13 of the 20-day period referred to in subsection (2).
14 (6) The department, by rule promulgated under section
15 30110(1), may establish minor project categories of activities
16 and projects that are similar in nature and have minimal adverse
17 environmental impact. The department may act upon an application
18 received pursuant to section 30104 for an activity or project
19 within a minor project category after an on-site inspection of
20 the land and water involved without providing notices or holding
21 a public hearing pursuant to subsection (2). A final inspection
22 or certification of a project completed under a permit granted
23 pursuant to this subsection is not required, but all other
24 provisions of this part are applicable to a minor project.
25 Sec. 30113. (1) The land and water management permit fee
26 fund is created within the state treasury.
27 (2) The state treasurer may receive money or other assets
1 from any source for deposit into the fund. The state treasurer
2 shall direct the investment of the fund. The state treasurer
3 shall credit to the fund interest and earnings from fund
4 investments. The state treasurer shall annually present to the
5 department an accounting of the amount of money in the fund.
6 (3) Money in the fund at the close of the fiscal year shall
7 remain in the fund and shall not lapse to the general fund.
8 (4) The department shall expend money from the fund, upon
9 appropriation, only to implement this part and the following:
10 (a) Sections 3104, 3107, and 3108.
11 (b) Part 325.
12 (c) Part 303.
13 (d) Section 12562 of
the public health code, Act No. 368 of
14 the Public Acts of
1978, being section 333.12562 of the Michigan
15 Compiled Laws 1978 PA 368, MCL 333.12562.
16 (e) Part 323.
17 (f) Section 117 of
the subdivision control act of 1967, Act
18 No. 288 of the Public
Acts of 1967, being section 560.117 of the
19 Michigan Compiled Laws
land division act, 1967 PA 288,
MCL
20 560.117.
21 (g) Part 315.
22 (h) Part 353.
23 (5) The
department shall process permit applications for the
24 acts and parts of acts
cited in subsection (4) within 60 days
25 after receiving a
completed permit application unless the act or
26 part specifically
provides for permit application processing time
27 limits.
1 (5) (6) The
department shall annually report to the
2 legislature on both
of the following: (a) How how money in the
3 fund was expended during the previous fiscal year.
4 (b) For permit
programs funded with money in the fund, the
5 average length of time
for department action on permit
6 applications for each
class of permits reviewed.
7 Sec. 30304. Except
as otherwise provided by in this part
8 or by a permit obtained
from issued by the department under
9 sections 30306 to 30314 and pursuant to part 13, a person shall
10 not do any of the following:
11 (a) Deposit or permit the placing of fill material in a
12 wetland.
13 (b) Dredge, remove, or permit the removal of soil or minerals
14 from a wetland.
15 (c) Construct, operate, or maintain any use or development in
16 a wetland.
17 (d) Drain surface water from a wetland.
18 Sec. 30307. (1) Within 60 days after receipt of the
19 completed application and fee, the department may hold a
20 hearing. If a hearing is held, it shall be held in the county
21 where the wetland to which the permit is to apply is located.
22 Notice of the hearing shall be made in the same manner as for the
23 promulgation of rules under the administrative procedures act of
24 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may
25 approve or disapprove a permit application without a public
26 hearing unless a person requests a hearing in writing within 20
27 days after the mailing of notification of the permit application
1 as required by subsection (3) or unless the department determines
2 that the permit application is of significant impact to warrant a
3 public hearing.
4 (2) If a hearing
is not held, the department shall approve
5 or disapprove the
permit application within 90 days after the
6 completed permit
application is filed with the department. If a
7 hearing is held, the
department shall approve or disapprove the
8 permit application
within 90 days after the conclusion of the
9 hearing. The
department may approve a permit application,
10 request modifications
in the application, or deny the permit
11 application. If the
department approves the permit application,
12 the department shall
prepare and send the permit to the
13 applicant. If the
department denies, or requests a modification
14 of, the permit
application, the department shall send notice of
15 the denial or
modification request and the reasons for the denial
16 or the modifications
requested to the applicant. Department
17 approval may include
the issuance of a permit containing
18 conditions necessary
for compliance with this part. If the
19 department does not
approve or disapprove the permit application
20 within the time
provided by this subsection, the permit
21 application shall be
considered approved, and the department
22 shall be considered to
have made the determinations required by
23 section 30311. The action taken by the department on a permit
24 application under this part and part 13 may be appealed pursuant
25 to the administrative procedures act of 1969, 1969 PA 306, MCL
26 24.201 to 24.328. A property owner may, after exhaustion of
27 administrative remedies, bring appropriate legal action in a
1 court of competent jurisdiction.
2 (3) A person who desires notification of pending permit
3 applications may make a written request to the department
4 accompanied by an annual fee of $25.00, which shall be credited
5 to the general fund of the state. The department shall prepare a
6 biweekly list of the applications made during the previous 2
7 weeks and shall promptly mail copies of the list for the
8 remainder of the calendar year to the persons who requested
9 notice. The biweekly list shall state the name and address of
10 each applicant, the location of the wetland in the proposed use
11 or development, including the size of both the proposed use or
12 development and of the wetland affected, and a summary statement
13 of the purpose of the use or development.
14 (4) A local unit of government may regulate wetland within
15 its boundaries, by ordinance, only as provided under this part.
16 This subsection is supplemental to the existing authority of a
17 local unit of government. An ordinance adopted by a local unit
18 of government pursuant to this subsection shall comply with all
19 of the following:
20 (a) The ordinance shall not provide a different definition of
21 wetland than is provided in this part, except that a wetland
22 ordinance may regulate wetland of less than 5 acres in size.
23 (b) If the ordinance regulates wetland that is smaller than 2
24 acres in size, the ordinance shall comply with section 30309.
25 (c) The ordinance shall comply with sections 30308 and
26 30310.
27 (d) The ordinance shall not require a permit for uses that
1 are authorized without a permit under section 30305, and shall
2 otherwise comply with this part.
3 (5) Each local unit of government that adopts an ordinance
4 regulating wetlands under subsection (4) shall notify the
5 department.
6 (6) A local unit of government that adopts an ordinance
7 regulating wetlands shall use an application form supplied by the
8 department, and each person applying for a permit shall make
9 application directly to the local unit of government. Upon
10 receipt, the local unit of government shall forward a copy of
11 each application along with any state fees that may have been
12 submitted under section 30306 to the department. The department
13 shall begin reviewing the application as provided in this part.
14 The local unit of government shall review the application
15 pursuant to its ordinance and shall modify, approve, or deny the
16 application within 90 days after receipt. If a municipality does
17 not approve or disapprove the permit application within the time
18 period provided by this subsection, the permit application shall
19 be considered approved, and the municipality shall be considered
20 to have made the determinations as listed in section 30311. The
21 denial of a permit shall be accompanied by a written statement of
22 all reasons for denial. The failure to supply complete
23 information with a permit application may be reason for denial of
24 a permit. The department shall inform any interested person
25 whether or not a local unit of government has an ordinance
26 regulating wetlands. If the department receives an application
27 with respect to a wetland
which is located in a local unit of
1 government which that
has an ordinance regulating wetlands, the
2 department immediately shall forward the application to the local
3 unit of government, which shall modify, deny, or approve the
4 application under this subsection. The local unit of government
5 shall notify the department of its decision. The department
6 shall proceed as provided in this part.
7 (7) If a local unit of government does not have an ordinance
8 regulating wetlands, the department shall promptly send a copy of
9 the permit application to the local unit of government where the
10 wetland is located. The local unit of government may review the
11 application; may hold a hearing on the application; and may
12 recommend approval, modification, or denial of the application to
13 the department. The recommendations of the local unit of
14 government shall be made and returned to the department within 45
15 days after the local unit of government's receipt of the permit
16 application. The department
shall approve, modify, or deny the
17 application as
provided in this part.
18 (8) In addition to the requirements of subsection (7), the
19 department shall notify the local unit of government that the
20 department has issued a permit under this part within the
21 jurisdiction of that local unit of government within 15 days of
22 issuance of the permit. The department shall enclose a copy of
23 the permit with the notice.
24 Sec. 31509. (1) Except as otherwise provided in this part
25 or as authorized by a permit issued by the department pursuant to
26 part 13, a person shall
not begin undertake any of the
27 following activities:
unless that person has a valid permit
1 issued by the
department under this part:
2 (a) Construction of a new dam.
3 (b) Enlargement of a dam or an impoundment.
4 (c) Repair of a dam.
5 (d) Alteration of a dam.
6 (e) Removal of a dam.
7 (f) Abandonment of a dam.
8 (g) Reconstruction of a failed dam.
9 (2) A person
desiring to perform any of the activities
10 listed in subsection
(1) shall apply to the department on a form
11 prescribed by the
department and shall provide An
application
12 for a permit shall include information that the department
13 determines is necessary for the administration of this part. If
14 a project includes activities at multiple locations, 1
15 application may be filed for the combined activities.
16 (3) An application for a permit for construction of a new
17 dam, reconstruction of a failed dam, or enlargement of a dam
18 shall be accompanied by the following fees:
19 (a) For a dam with a height of 6 feet or more but less than
20 10 feet, $500.00.
21 (b) For a dam with a height of 10 feet or more but less than
22 20 feet, $1,000.00.
23 (c) For a dam with a height of 20 feet or more, $3,000.00.
24 (4) An application for a permit for the repair, alteration,
25 removal, or abandonment of a dam shall be accompanied by a fee of
26 $200.00, and an application for a permit for a minor project
27 pursuant to section 31513(1) shall be accompanied by a fee of
1 $100.00.
2 (5) The department shall waive the fees under this section
3 for applications from state agencies, department sponsored
4 projects located on public lands, and organizations of the type
5 described in section 31508(2)(a) through (c).
6 (6) The department shall forward fees collected under this
7 section to the state treasurer for deposit in the land and water
8 management permit fee fund created in section 30113.
9 Sec. 31512. (1)
The department shall grant or deny a
10 permit within 60 days
after the submission of a complete
11 application, or within
120 days after the submission of a
12 complete application
if a public hearing is held. If a permit is
13 denied, the department
shall provide to the applicant a concise
14 written statement of
the reasons for the denial of the permit.
15 If it appears that a
minor modification of the application would
16 result in the granting
of the permit, the nature of the
17 modification shall be
included in the written statement.
18 (1) (2) When
immediate action is necessary to protect the
19 structural integrity of a dam, the department may issue a permit
20 before the expiration of the 20-day period referred to in section
21 31511(1). This subsection does not prohibit an owner from taking
22 action necessary to mitigate emergency conditions if imminent
23 danger of failure exists.
24 (2) (3) A
person applying for a permit to reconstruct a
25 failed dam shall file a complete application not less than 1 year
26 after the date of the failure. If such an application is filed
27 more than 1 year after the date of the failure, the department
1 shall consider the application to be an application to construct
2 a new dam.
3 Sec. 32312. (1) The department, in order to regulate the
4 uses and development of high-risk areas, flood risk areas, and
5 environmental areas and to implement the purposes of this part,
6 shall promulgate rules. If permits are required under rules
7 promulgated under this part, the permits shall be issued pursuant
8 to the rules and part 13. Except as provided under subsection
9 (2), until October 1, 2008, if permits are required pursuant to
10 rules promulgated under
this part, a fee of $500.00 shall be
11 submitted to the department
with each application for an
12 application for a permit shall be accompanied by a fee as
13 follows:
14 (a) For a commercial
or multi-family residential project, a
15 fee of $100.00 shall
be submitted with each application for
16 $500.00.
17 (b) For a
single-family home construction, and a fee of
18 $50.00 shall be
submitted with each application for $100.00.
19 (c) For an addition to an existing single-family home or for
20 a project that has a minor impact on fish and wildlife resources
21 in environmental areas as determined by the department, $50.00.
22 (2) A project that requires review and approval under this
23 part and under 1 or more of the following is subject to only the
24 single highest permit fee required under this part or the
25 following:
26 (a) Part 301.
27 (b) Part 303.
1 (c) Part 325.
2 (d) Section 3104.
3 (e) Section 117 of the land division act, 1967 PA 288, MCL
4 560.117.
5 (3) The department shall forward fees collected under this
6 section to the state treasurer for deposit in the land and water
7 management permit fee fund created in section 30113.
8 (4) A circuit court, upon petition and a showing by the
9 department that a violation of a rule promulgated under
10 subsection (1) exists, shall issue any necessary order to the
11 defendant to correct the violation or to restrain the defendant
12 from further violation of the rule.
13 Sec. 32503. (1) Except as otherwise provided in this
14 section, the department, after finding that the public trust in
15 the waters will not be impaired or substantially affected, may
16 enter into agreements pertaining to waters over and the filling
17 in of submerged patented lands, or to lease or deed unpatented
18 lands, after approval of the state administrative board.
19 Quitclaim deeds, leases, or agreements covering unpatented lands
20 may be issued or entered into by the department with any person,
21 and shall contain such terms, conditions, and requirements as the
22 department determines to be just and equitable and in conformance
23 with the public trust. The department shall reserve to the state
24 all mineral rights, including, but not limited to, coal, oil,
25 gas, sand, gravel, stone, and other materials or products located
26 or found in those lands, except where lands are occupied or to be
27 occupied for residential purposes at the time of conveyance.
1 (2) A riparian owner
shall obtain a permit from the
2 department before
dredging or placing not dredge or
place spoil
3 or other materials on bottomland except as authorized by a permit
4 issued by the department pursuant to part 13.
5 (3) The department shall not enter into a lease or deed that
6 allows drilling operations beneath unpatented lands for the
7 exploration or production of oil or gas.
8 (4) An agreement, lease, or deed entered into under this part
9 by the department with the United States shall be entered into
10 and executed pursuant to the property rights acquisition act,
11 1986 PA 201, MCL 3.251 to 3.262.
12 Sec. 32515. If the department finds that the project will
13 not injure the public trust or interest including fish and game
14 habitat, that the project conforms to the requirements of law for
15 sanitation, and that no material injury to the rights of any
16 riparian owners on any body of water affected will result, the
17 department shall issue a permit authorizing enlargement of the
18 waterway affected. The permit shall provide that the artificial
19 waterway shall be a public waterway, except intake or discharge
20 canals or channels on property owned, controlled, and used by a
21 public utility. The
department may impose further conditions in
22 the permit that it
finds reasonably necessary to protect the
23 public health, safety,
welfare, trust, and interest, and private
24 rights and property. The existing and future owners of land
25 fronting on the artificial waterway are liable for maintenance of
26 the waterway in accordance with the conditions of the permit.
27 Sec. 35304. (1)
Beginning on July 5, 1989 and until the
1 local unit of government
either adopts a zoning ordinance that is
2 approved by the
department or the department issues permits as
3 provided in subsection
(3) or (8), whichever occurs first, the
4 local unit of
government may require the submittal of
5 applications for
permits for uses in critical dune areas. The
6 local unit of
government shall evaluate applications for uses and
7 may issue permits for
uses in critical dune areas that are in
8 conformance with and
are at least as environmentally protective
9 as the model zoning
plan.
10 (2) A local unit
of government that elects to issue permits
11 during the interim
period described in subsection (1) shall
12 notify the department
of its decision and shall reflect this
13 decision by passage of
a resolution of its governing body or by
14 providing
documentation to the department that an existing
15 ordinance meets or
exceeds the requirements of the model zoning
16 plan. Following the
passage of the resolution, a local unit of
17 government may issue
permits during the interim period in accord
18 with the procedures
and criteria established in subsection (4).
19 (3) If by August 1, 1989
a local unit of government has not
20 passed a resolution
indicating its intent to issue permits during
21 the interim period or
submitted an existing ordinance that meets
22 the requirements of
this part, the department shall issue permits
23 in the same manner
provided for local units of government in
24 subsection (4) for
uses within that local unit of government
25 under the model zoning
plan until the local unit of government
26 submits a zoning
ordinance to the department and obtains approval
27 of the ordinance.
1 (1) (4) A
local unit of government that issues permits
2 during the interim
time period provided for in subsection (1),
3 or the department if it issues permits as provided under
4 subsection (3) or
(8), (5) shall issue the permits in
5 accordance with subject to all of the following requirements:
6 (a) A person proposing a use within a critical dune area
7 shall file an application with the local unit of government, or
8 with the department if the department is issuing permits under
9 the model zoning plan. The application form shall include
10 information that may be necessary to conform with the
11 requirements of this part. If a project proposes the use of more
12 than 1 critical dune area location within a local unit of
13 government, 1 application may be filed for the uses.
14 (b) Notice of an application filed under this section shall
15 be sent to a person who makes a written request to the local unit
16 of government for notification of pending applications
17 accompanied by an annual fee established by the local unit of
18 government. The local unit of government shall prepare a monthly
19 list of the applications made during the previous month and shall
20 promptly mail copies of the list for the remainder of the
21 calendar year to the persons who have requested notice. In
22 addition, if the department issues permits under this part within
23 a local unit of government, notice of an application shall be
24 given to the local soil
conservation district office, the
25 county clerk, the county health department, and the local unit of
26 government in which the property is located. The monthly list
27 shall state the name and address of each applicant, the location
1 of the applicant's project, and a summary statement of the
2 purpose of the use. The local unit of government may hold a
3 public hearing on pending applications.
4 (c) The notice shall state that unless a written request is
5 filed with the local unit of government within 20 days after the
6 notice is mailed, the local unit of government may grant the
7 application without a public hearing. Upon the written request
8 of 2 or more persons that own real property within the local unit
9 of government or an adjacent local unit of government, or that
10 reside within the local unit of government or an adjacent local
11 unit of government, the local unit of government shall hold a
12 public hearing pertaining to a permit application.
13 (d) At least 10 days' notice of a hearing to be held pursuant
14 to this section shall be given by publication in 1 or more
15 newspapers of general circulation in the county in which the
16 proposed use is to be located, and in other publications, if
17 appropriate, to give notice to persons likely to be affected by
18 the proposed use, and by mailing copies of the notice to the
19 persons who have requested notice pursuant to subsection (1) and
20 to the person requesting the hearing.
21 (e) After the filing of an application, the local unit of
22 government shall grant or deny the permit within 60 days, or
23 within 90 days if a public hearing is held. When a permit is
24 denied, the local unit of government shall provide to the
25 applicant a concise written statement of its reasons for denial
26 of the permit, and if it appears that a minor modification of the
27 application would result in the granting of the permit, the
1 nature of the modification shall be stated. In an emergency, the
2 local unit of government may issue a conditional permit before
3 the expiration of the 20-day period referred to in
4 subdivision (c).
5 (f) The local unit of government shall base a decision to
6 grant or deny a permit required by this section on the model
7 zoning plan or on any existing ordinance that is in effect in the
8 local unit of government that provides the same or a greater
9 level of protection for critical dune areas and that is approved
10 by the department.
11 (2) (5) A
local unit of government zoning ordinance
12 regulating critical dune areas may be more restrictive of
13 development and more protective of critical dune areas than the
14 model zoning plan.
15 (3) (6) As
soon as possible following adoption of a zoning
16 ordinance enacted pursuant to this part, the local unit of
17 government shall submit to the department a copy of the ordinance
18 that it determines meets the requirements of this part. If the
19 local unit of government has an existing ordinance that it
20 contends is at least as restrictive as the model zoning plan,
21 that ordinance may be submitted to the department at any time.
22 The department shall review zoning ordinances submitted under
23 this section to assure compliance with this part. If the
24 department finds that an ordinance is not in compliance with this
25 part, the department shall work with the local unit of government
26 to bring the ordinance into compliance and inform the local unit
27 of the failure to comply and in what ways the submitted ordinance
1 is deficient. Unless a local unit of government receives notice
2 within 90 days of submittal that the ordinance they submit to the
3 department under this subsection is not in compliance with this
4 part, the local unit of government shall be considered to be
5 approved by the department.
6 (4) (7) A
local unit of government may adopt, submit to the
7 department, and obtain approval of a zoning ordinance based on
8 the model zoning plan or an equivalent ordinance as provided in
9 this section by June 30, 1990. If a local unit does not have an
10 approved ordinance by June 30, 1990, the department shall
11 implement the model zoning plan for that local unit of government
12 in the same manner and under the same circumstances as provided
13 in subsection (4) (1).
Notwithstanding any other provision of
14 this part, a local unit of government may adopt a zoning
15 ordinance at any time, and upon the approval of the department,
16 that ordinance shall take the place of the model zoning plan
17 implemented by the department.
18 (5) (8) If
a local unit of government in which a proposed
19 use is to be located does not elect to issue permits or does not
20 receive approval of a zoning ordinance that regulates critical
21 dune areas, the department shall implement the model zoning plan
22 in the place of the local unit of government and issue special
23 exceptions in the same circumstances as provided in this part for
24 the issuance of variances by local units of government, and issue
25 permits pursuant to subsection (1) and part 13.
26 (9) The
department shall develop permit application forms to
27 implement this
section.
1 (6) (10) The
department shall assist local units of
2 government in developing ordinances that meet the requirements of
3 this part.
4 Sec. 36505. (1) Except as otherwise provided in this part,
5 a person shall not take, possess, transport, import, export,
6 process, sell, offer for sale, buy, or offer to buy, and a common
7 or contract carrier shall not transport or receive for shipment,
8 any species of fish, plants, or wildlife appearing on the
9 following lists:
10 (a) The list of fish, plants, and wildlife indigenous to the
11 state determined to be endangered or threatened within the state
12 pursuant to section 36503 or subsection (3).
13 (b) The United States list of endangered or threatened native
14 fish and wildlife.
15 (c) The United States list of endangered or threatened
16 plants.
17 (d) The United States list of endangered or threatened
18 foreign fish and wildlife.
19 (2) A species of fish, plant, or wildlife appearing on any of
20 the lists delineated in subsection (1) which enters the state
21 from another state or from a point outside the territorial limits
22 of the United States may enter, be transported, possessed, and
23 sold in accordance with the terms of a federal permit issued
24 pursuant to section 10 of the endangered species act of 1973,
25 Public Law 93-205, 16
U.S.C. 16 USC 1539, or an
applicable
26 permit issued under the laws of another state.
27 (3) The department may, by rule, treat any species as an
1 endangered species or threatened species even though it is not
2 listed pursuant to section 36503, if it finds any of the
3 following:
4 (a) The species so closely resembles in appearance, at the
5 point in question, a species which is listed pursuant to section
6 36503 that enforcement personnel would have substantial
7 difficulty in attempting to differentiate between the listed and
8 unlisted species.
9 (b) The effect of the substantial difficulty in
10 differentiating between a listed and an unlisted species is an
11 additional threat to an endangered or threatened species.
12 (c) The treatment of an unlisted species will substantially
13 facilitate the enforcement and further the intent of this part.
14 (4) The department may permit the taking, possession,
15 purchase, sale, transportation, exportation, or shipment of
16 species of fish, plants, or wildlife which appear on the state
17 list of endangered or threatened species compiled pursuant to
18 section 36503 and subsection (3) for scientific, zoological, or
19 educational purposes, for propagation in captivity of such fish,
20 plants, or wildlife to ensure their survival.
21 (5) Upon good cause shown and where necessary to alleviate
22 damage to property or to protect human health, endangered or
23 threatened species found on the state list compiled pursuant to
24 section 36503 and subsection (3) may be removed, captured, or
25 destroyed, but only pursuant
to as authorized by a permit
26 issued by the department pursuant to part 13. Carnivorous
27 animals found on the state list may be removed, captured, or
1 destroyed by any person in emergency situations involving an
2 immediate threat to human life, but the removal, capture, or
3 destruction shall be reported to the department within 24 hours
4 of the act.
5 (6) This section does not prohibit any of the following:
6 (a) The importation of a trophy under a permit issued
7 pursuant to section 10 of the endangered species act of 1973,
8 Public Law 93-205, 16
U.S.C. 16 USC 1539, which is
not for
9 resale and which was lawfully taken in a manner permitted by the
10 laws of the state, territory, or country where the trophy was
11 caught, taken, or killed.
12 (b) The taking of a threatened species when the department
13 has determined that the abundance of the species in the state
14 justifies a controlled harvest not in violation of federal law.
15 (c) Subject to any permits that may be required by the
16 department, the possession, transfer, transportation,
17 importation, or exportation or the transport or receipt for
18 shipment by a common or contract carrier of a raptor or the
19 captive-bred progeny of a raptor, a raptor egg, or raptor semen
20 acquired in accordance with applicable state and federal laws and
21 regulations which allow raptors, raptor eggs, or raptor semen to
22 be used in falconry or in the captive propagation of raptors for
23 use in falconry.
24 (d) Subject to any permits that may be required by the
25 department, the selling, offering for sale, buying, or offering
26 to buy a raptor that was captive-bred or semen from a raptor that
27 was captive-bred in accordance with applicable state and federal
1 laws and regulations which allow raptors or raptor semen to be
2 used in falconry or in captive propagation of raptors for use in
3 falconry.
4 Sec. 41702. The department may issue licenses authorizing
5 the establishment and operation of game bird hunting preserves
6 pursuant to part 13. The fee for a license is $105.00 for a
7 preserve of 320 acres or less and $180.00 for a preserve in
8 excess of 320 acres. Unless revoked as provided by law, licenses
9 issued under this section are valid from the date of issuance
10 until June 30 of the third license year. Game bird hunting
11 preserves licensed under this section may allow hunting on
12 Sundays, notwithstanding the provisions of a local ordinance or
13 regulation.
14 Sec. 41709. A
person applying An application for a
15 license under this part
shall submit an application to the
16 department on forms
furnished by the department, stating state
17 the name and address of the applicant, the legal description of
18 the premises to be licensed, the kind of birds to be covered by
19 the license, and other information required by the department.
20 The department shall
prepare and distribute suitable forms
21 necessary to implement
this part.
22 Sec. 42101. Upon application of any club or organization
23 having 10 or more members who are citizens of this state, or upon
24 the application of 10 or more citizens of this state, and the
25 payment of a registration fee of $5.00, the department, pursuant
26 to part 13, may issue a permit authorizing the establishment and
27 maintenance by the club, organization, or citizens on land owned
1 by them, or over which they have legal control, of a special dog
2 training area where dogs may be trained at any time during the
3 year. A dog training area shall not be less than 40 acres or
4 more than 240 acres, and permits shall not be issued for more
5 than 6 special dog training areas in any 1 county. In counties
6 having a population of 100,000 or more, the department may issue
7 additional permits as the department considers to be in the
8 public interest.
9 Sec. 42501. (1) A person shall not engage in the business
10 of buying, selling, dealing, or the tanning and dressing of raw
11 furs, hides, or pelts of beaver, otter, fisher, marten, muskrat,
12 mink, skunk, raccoon, opossum, wolf, lynx, bobcat, fox, weasel,
13 coyote, badger, deer, or bear and the plumage, skins, or hides of
14 protected game birds and
or game animals until that person
15 procures a license to
do so from the department. Fees payable to
16 the department for
such a license are except as
authorized by a
17 license issued by the department pursuant to part 13. A license
18 application shall be accompanied by a fee as follows:
19 (a) For any person who engages in the business of buying and
20 selling raw furs, hides,
and pelts of fur-bearing animals and
21 or the plumage, skins, or
hides of protected game birds and or
22 game animals, the fee is $10.00.
23 (b) Each person in the business of manufacturing furs who
24 buys raw pelts is a
dealer, and the fee for each such resident
25 citizen, individual or agent who buys furs , is,
for a
26 resident, $10.00 , and,
for each a nonresident, the fee is
27 $50.00.
1 (c) The fee for For
any person who engages in the business
2 of custom tanning or
dressing of raw furs, the fee is $5.00. ,
3 but However, such a license does not authorize
that person to
4 buy or sell raw furs.
5 (2) Any person holding a fur dealer's license under this part
6 is entitled to buy furs, hides, pelts, and the plumage, skins, or
7 hides, or and
parts thereof, of protected game birds and game
8 animals that are legally taken.
9 (3) A person holding a fur dealer's license under this part
10 is not eligible to secure or hold a license to trap beaver.
11 (4) The department may designate the plumage and skin of
12 those game birds and game animals that may not be bought or sold
13 if it determines that such a prohibition will best serve the
14 public interest. The plumage and skins, or parts of plumage and
15 skins, of migratory game and nongame birds may be bought and sold
16 only in accordance with federal law or rule.
17 (5) For the purposes of this part, "plumage" means any part
18 of the feathers, head, wings, or tail of any bird.
19 Sec. 42702. The department may, pursuant to part 13, issue
20 licenses to authorize the possession for propagation, and for
21 dealing in and selling game. A license shall not be granted to
22 an applicant who is not the owner or lessee of the premises to be
23 used for the purposes designated by the license. A license
24 issued pursuant to this part is nontransferable and is valid from
25 July 1 to June 30 of the third license year.
26 (2) Section 40111a of the natural resources and environmental
27 protection act, 1994 PA 451, MCL 324.40111a, is repealed
1 effective December 31, 2004.
2 Sec. 44513. (1) The department may enter into reciprocal
3 agreements with other states and countries concerning the
4 operation and inspection of charter boats from those states and
5 countries that operate on the waters of this state. Reciprocity
6 shall be granted only if a state or country can establish to the
7 satisfaction of the
department that their laws and standards
8 concerning charter boats
meet or exceed the laws and rules of
9 this state. A charter
boat that operates shall not operate on
10 the waters of this state under a reciprocal agreement pursuant to
11 this section shall
obtain except as authorized under an annual
12 operating permit from
the department for a fee of $100.00 for
13 each year the charter
boat does business on the waters of this
14 state issued by the department pursuant to part 13.
The fee for
15 an annual operating permit is $100.00. The department shall
16 utilize the fees for annual operating permits issued pursuant to
17 this section to provide funds for the education and enforcement
18 program provided for in subsection (2).
19 (2) The department shall develop an education and enforcement
20 program designed to eliminate the operation of charter and livery
21 boats that have not been inspected as required by this part and
22 to prepare printed materials to provide the public with
23 information regarding the safety features and requirements
24 necessary for the lawful operation of charter and livery boats.
25 Sec. 44517. (1) Any livery boat more than 20 feet in
26 length, except for a class E vessel that is a livery boat, that
27 is used or to be used on navigable waters without the owner being
1 either on board or operating the vessel shall pay the inspection
2 fees established pursuant to section 44511 for each livery boat
3 to be inspected. Fees collected pursuant to this section shall
4 be forwarded to the department. The department shall utilize the
5 fees to develop and maintain the education and enforcement
6 program provided for in section 44513(2).
7 (2) Upon receipt of the required fee and an application for
8 an inspection and a permit, the department shall inspect, or
9 provide for inspection of by the county sheriff or sheriff's
10 deputy, all livery boats and their equipment of the boat livery.
11 Upon completion of the inspection, the department, county
12 sheriff, or the sheriff's deputy shall, pursuant to part 13,
13 approve the issuance of a permit to operate a boat livery,
14 provided the requirements of this part are met. A permit
15 furnished by the department shall be prominently displayed on the
16 site of the boat livery and shall expire on December 31 of each
17 year in which a permit is issued.
18 Sec. 45503. The
department may, upon written application
19 pursuant to part 13, issue permits to take frogs at any season of
20 the year if used for scientific or experimental purposes. These
21 permits are revocable at the pleasure of the department.
22 Sec. 45902. (1) A person shall not propagate, rear, or have
23 in possession for the purpose of offering for sale or selling any
24 kind of game fish unless
he or she has applied for and been
25 issued a license as
provided in this part. All such licenses are
26 nontransferable and
expire except as authorized by a
license
27 issued by the department pursuant to part 13. A license is
1 nontransferable and expires on December 31 of the year for which
2 issued. A separate license is required for each place of
3 business where game fish are propagated, reared, or possessed for
4 the purpose of sale or offering for sale.
5 (2) This part does not apply to the following:
6 (a) The sale, offering for sale, or possession of dead,
7 fresh, or frozen brook trout, brown trout, or rainbow trout
8 lawfully taken in and exported from another state or country or
9 that have been procured from a licensed dealer within this
10 state.
11 (b) The propagation, rearing, possession, or sale of game
12 fish pursuant to a registration or permit issued pursuant to the
13 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
14 286.884.
15 Sec. 45903. Any person owning or having control of private
16 waters in this state who desires a license under this part shall
17 make application for the
license to the department, on a form
18 provided by the
department, accompanied by a fee of
$5.00. The
19 application shall state the name and address of the applicant and
20 include the description of the premises where game fish are to be
21 propagated, reared, possessed, or offered for sale, together with
22 additional information as may be required. Upon receipt of the
23 application and fee, the department, if satisfied that this part
24 and the rules promulgated under this part have been complied
25 with, shall issue a license to the applicant.
26 Sec. 45906. (1) A person shall not import into this state
27 any live game fish, including viable eggs of any game fish,
1 without a license as
provided for in this part except
as
2 authorized by a license as provided for in this part issued by
3 the department pursuant to part 13. A license under this
4 subsection does not apply to a genetically engineered variant of
5 a live game fish species unless the genetically engineered
6 variant is specifically identified in the license.
7 (2) The department may promulgate rules under this part to
8 prohibit or restrict the importation of any species of game fish
9 or other fish when if
the importation of that species would
10 endanger the public fishery resources of this state. A
11 prohibition or restriction in rules promulgated under this
12 subsection applies to a genetically engineered variant of a fish
13 species identified in the prohibition or restriction unless the
14 prohibition or restriction specifically provides otherwise. A
15 prohibition or restriction in rules promulgated under this
16 subsection may be limited to a genetically engineered fish.
17 Sec. 61525. (1) A person shall not drill or begin the
18 drilling of any well for oil or gas, for secondary recovery, or a
19 well for the disposal of salt water, or brine produced in
20 association with oil or gas operations or other oil field wastes,
21 or wells for the development of reservoirs for the storage of
22 liquid or gaseous hydrocarbons,
until the owner directly or
23 through his or her
authorized representatives applies to drill
24 and operate any such
well, except as authorized by a
permit to
25 drill and operate the well issued by the supervisor of wells
26 pursuant to part 13 and unless the person files with the
27 supervisor a bond as
provided in section 61506. , and receives
1 and posts The permittee shall post the permit in a
conspicuous
2 place at the location of
the well a permit as provided in the
3 rules and requirements or orders issued or promulgated by the
4 supervisor. A An
application for a permit shall be accompanied
5 by a fee of $300.00.
shall be charged for a permit to drill and
6 operate a well subject
to this part. Upon receiving and
7 accepting a complete
and accurate written application and payment
8 of the fee required,
the supervisor shall within 10 days after
9 that date issue to an
owner or his or her authorized
10 representative a
permit to drill and operate. A
permit to drill
11 and operate shall not be issued to an owner or his or her
12 authorized representative who does not comply with the rules and
13 requirements or orders issued or promulgated by the supervisor.
14 A permit shall not be issued to an owner or his or her authorized
15 representative who has not complied with or is in violation of
16 this part or any of the rules, requirements, or orders issued or
17 promulgated by the supervisor or the department.
18 (2) The supervisor shall forward all fees received under this
19 section to the state treasurer for deposit in the fund.
20 (3) The supervisor shall make available to any person, upon
21 request, not less often than weekly, the following information
22 pertaining to applications for permits to drill and operate:
23 (a) Name and address of the applicant.
24 (b) Location of proposed well.
25 (c) Well name and number.
26 (d) Proposed depth of the well.
27 (e) Proposed formation.
1 (f) Surface owner.
2 (g) Whether hydrogen sulfide gas is expected.
3 (4) The supervisor shall provide the information under
4 subsection (3) to the county in which an oil or gas well is
5 proposed to be located and to the city, village, or township in
6 which the oil or gas well is proposed to be located if that city,
7 village, or township has a population of 70,000 or more. A city,
8 village, township, or county in which an oil or gas well is
9 proposed to be located may provide written comments and
10 recommendations to the supervisor pertaining to applications for
11 permits to drill and operate. The supervisor shall consider all
12 such comments and recommendations in reviewing the application.
13 Sec. 62509. (1) A person shall not drill or begin the
14 drilling of any brine, storage, or waste disposal well, or
15 convert any well for
these uses, until the owner directly or
16 through his or her
authorized representative files a written
17 application for a
permit to drill or convert a well, pays the
18 application fee
provided in subsection (6), files and
except as
19 authorized by a permit issued by the supervisor of mineral wells
20 pursuant to part 13 and rules promulgated by the supervisor of
21 mineral wells, and unless the person files with the supervisor of
22 mineral wells an approved surety or security bond. The
23 application shall be accompanied by a survey of the well site. ,
24 files an approved
surety or security bond, and receives a permit
25 pursuant to the rules
of the supervisor of mineral wells. Within
26 10 days after
receiving the prescribed application and fee, and
27 following
investigation, inspection, and approval, the supervisor
1 of mineral wells shall
issue the well permit. The
department
2 shall conduct an investigation and inspection before the
3 supervisor of mineral wells issues a permit. A permit shall not
4 be issued to any owner or his or her authorized representative
5 who does not comply with the rules of the supervisor of mineral
6 wells or who is in violation of this part or any rule of the
7 supervisor of mineral wells. Upon completion of the drilling or
8 converting of a well for storage or waste disposal and after
9 necessary testing by the owner to determine that the well can be
10 used for these purposes and in a manner that will not cause
11 surface or underground waste, the supervisor of mineral wells,
12 upon receipt of appropriate evidence, shall approve and regulate
13 the use of the well for storage or waste disposal. These
14 operations shall be pursuant to part 31. The supervisor of
15 mineral wells may schedule a public hearing to consider the need
16 or advisability of permitting the drilling or operating of a
17 storage or waste disposal well, or converting a well for these
18 uses, if the public safety or other interests are involved.
19 (2) A person shall not drill a test well 50 feet or greater
20 in depth into the bedrock or below the deepest freshwater strata,
21 except as provided in
section 62508(c), until the owner directly
22 or through his or her
authorized representative files a written
23 application for a
permit to drill, pays the permit application
24 except as authorized by a permit issued by the supervisor of
25 mineral wells pursuant to part 13 and rules promulgated by the
26 supervisor of mineral wells, and unless the person files with the
27 supervisor of mineral wells an approved surety or security bond.
1 The application shall be accompanied by the fee provided in
2 subsection (6). ,
files an approved surety or security bond, and
3 receives a permit
pursuant to the rules of the supervisor of
4 mineral wells. Within
10 days after receiving the prescribed
5 application and fee,
and following necessary investigation,
6 inspection, and
approval, the supervisor of mineral wells shall
7 issue the permit. The department shall conduct an investigation
8 and inspection before the supervisor of mineral wells issues a
9 permit. A permit shall not be issued to any owner or his or her
10 authorized representative who does not comply with the rules of
11 the supervisor of mineral wells or who is in violation of this
12 part or any rule of the supervisor of mineral wells. A test well
13 that penetrates below the deepest freshwater stratum or is
14 greater than 250 feet in depth is subject to an individual test
15 well permit. A test well that does not penetrate below the
16 deepest freshwater stratum and is 250 feet or less in depth is
17 subject to a blanket test well permit. This subsection does not
18 apply to a test well regulated under part 111 or part 115, or a
19 water well regulated under part 127 of the public health code,
20 1978 PA 368, MCL 333.12701 to 333.12771.
21 (3) A permit is not required to drill a test well in those
22 areas of the state where rocks of Precambrian age directly
23 underlie unconsolidated surface deposits or in those areas that
24 have been designated pursuant to section 62508(c). However,
25 within 2 years after completion of the drilling of the well, the
26 owner shall advise the supervisor of mineral wells of the
27 location of the well and file with the supervisor of mineral
1 wells the log required under section 62508(d). The provisions of
2 this part pertaining to the prevention and correction of surface
3 and underground waste have the same application to these test
4 wells as to other wells defined in this part.
5 (4) Upon request, the supervisor of mineral wells may issue
6 to qualified persons a blanket permit to drill within a county
7 test wells which will not penetrate below the deepest freshwater
8 stratum and are 250 feet or less in depth.
9 (5) All information and records pertaining to the application
10 for and issuance of permits for wells subject to this part shall
11 be held confidential in the same manner as provided for logs and
12 reports on these wells.
13 (6) A permit application submitted under this section shall
14 be accompanied by the following permit application fee:
15 (a) Disposal well for disposal of waste
16 products other than processed brine............... $2,500.00.
17 (b) Disposal well for disposal of processed
18 brine............................................. $500.00.
19 (c) Storage well............................. $500.00.
20 (d) Natural brine production well............ $500.00.
21 (e) Artificial brine production well......... $500.00.
22 (f) Individual test well under subsection (2) $500.00.
23 (g) Blanket permit for test wells drilled pursuant to
24 subsection (4):
25 (i) 1 to 24 wells............................ $75.00.
26 (ii) 25 to 49 wells.......................... $150.00.
27 (iii) 50 to 75 wells......................... $300.00.
1 (iv) 75 to 200 wells......................... $600.00.
2 (7) The supervisor of mineral wells shall deposit all permit
3 application fees collected under this section into the fund.
4 Sec. 63103a. (1)
After October 1, 1997, a A
metallic
5 mineral operator shall not engage in the mining of metallic
6 minerals without
first obtaining a permit for that purpose from
7 the department. A
metallic mineral operator engaged in or
8 carrying out a
metallic mining operation as of the effective date
9 of this section shall
apply for a permit to mine 1 year after the
10 effective date of this
section. Any such existing metallic
11 mining operation may
continue mining until the department issues
12 or denies a permit for
the metallic mining operation.
13 (2) Prior to
receiving a permit from the department, a
14 metallic mineral
operator shall submit the following:
15 (a) A permit
application on a form provided by the
16 department.
17 (b) A except as authorized by a permit issued by the
18 department pursuant to part 13. The department shall not issue a
19 permit unless the applicant has submitted to the department, in
20 addition to the permit application, a mining and reclamation plan
21 for the proposed metallic mining activity as prescribed by
22 section 63103b.
23 Sec. 63103c. (1) A metallic mineral mining permit issued by
24 the department is valid for the life of the mine. However, the
25 department may revoke a metallic mineral mining permit under the
26 following conditions:
27 (a) The person holding the permit has not commenced
1 construction of plant facilities or conducted actual mining and
2 reclamation activities covered by the permit within 3 years after
3 the date of issuance of the permit.
4 (b) The permittee requests the revocation of the metallic
5 mineral mining permit and the department determines the mining
6 activity has not polluted, impaired, or destroyed the air, water,
7 or other natural resources or the public trust in those
8 resources, as provided in part 17.
9 (c) The permittee fails to submit the annual report of
10 production as required by section 63103d(2).
11 (d) The department finds that the permittee is not in
12 compliance with this part, the rules promulgated under this part,
13 or the metallic mineral permit and there exists an imminent
14 threat to the health and safety of the public.
15 (2) The department may order immediate suspension of any or
16 all activities at a metallic mineral mining operation, including
17 the removal of metallic product from the site, if the department
18 finds there exists an emergency endangering the public health and
19 safety or an imminent threat to the natural resources of the
20 state.
21 (3) An order suspending operations shall be in effect for the
22 shorter of the following time periods: not more than 10 days, or
23 until the operation is in compliance and protection of the public
24 health and safety is ensured or the threat to the natural
25 resources has been eliminated. To extend the suspension beyond
26 10 days, the department shall issue an emergency order to
27 continue the suspension of operations and shall schedule a
1 hearing as provided by the administrative procedures act of 1969,
2 1969 PA 306, MCL 24.201 to 24.328. The total duration of the
3 suspension of operations shall not be more than 30 days.
4 (4) A metallic mineral mining permit may be transferred to a
5 new person with approval of the department. The person acquiring
6 the permit shall submit a request for transfer of the permit to
7 the department on forms provided by the department. The person
8 acquiring the permit shall accept the conditions of the existing
9 permit and adhere to the requirements set forth on the approved
10 mining and reclamation plan. Pending the transfer of the
11 existing permit, the person acquiring the permit shall not
12 operate the mine.
13 (5) A metallic mineral mining permit shall not be transferred
14 to a person who has been determined to be in violation of any of
15 the following, until the person acquiring the permit has
16 corrected the violation or the department has accepted a
17 compliance schedule and a written agreement has been reached to
18 correct the violations:
19 (a) This part.
20 (b) The rules promulgated under this part.
21 (c) Permit conditions.
22 (d) An order of the
department. of environmental quality.
23 (6) If the permittee of a metallic mineral mining operation
24 is under notice because of unsatisfactory conditions at the
25 mining site involved in the transfer, then the permit for the
26 mining operation shall not be transferred to a person until the
27 permittee has completed the necessary corrective actions or the
1 person acquiring the permit has entered into a written agreement
2 to correct all of the unsatisfactory conditions.
3 (7) Upon receipt
of an application for a permit, the
4 department shall have
up to 60 days to review the application to
5 determine if the
application is accurate and complete. If the
6 application is
determined to be inaccurate or incomplete, then
7 the department shall
provide the person making the application
8 for a permit, within
the 60-day period, with a notice that the
9 application is
inaccurate or incomplete and what changes or
10 additional information
shall be submitted. Upon receipt of the
11 requested information,
the department shall have up to an
12 additional 30 days to
review the information to determine if the
13 application is
accurate and complete. Upon completion of the
14 review process, the
department shall approve or deny a metallic
15 mineral mining permit
application in writing within 60 days after
16 the application is
determined by the department to be
17 administratively
complete. A determination of administrative
18 completeness shall not
be construed to mean that additional
19 information may not be
required from the applicant as a result of
20 new circumstances that
come to the attention of the department.
21 If a metallic mineral
permit is denied, the reasons shall be
22 stated in a written
report to the applicant.
23 (7) (8) A
metallic mineral mining permit may be amended
24 upon submission to the department of a request by the permittee.
25 Upon receipt of the request to amend an existing metallic mineral
26 permit, the department shall determine if the request constitutes
27 a significant change from the conditions of the approved permit.
1 If the department determines the request is a significant change
2 from the conditions of the approved permit, the department may
3 submit the request for amendment to the same review process as
4 provided in section 63103c(7). If a request to amend the permit
5 is denied, the reasons for denial shall be stated in a written
6 report to the permittee. If the department determines the
7 request for amendment does not constitute a significant change
8 from the conditions of the approved permit, the department shall
9 approve the amendment and notify the permittee.
10 Sec. 63514. (1) A
person shall not conduct a surface coal
11 mining operation in this
state without except as authorized by
12 a permit for that
operation issued by the department pursuant
13 to this part 13.
14 (2) Not later
than 2 months following approval by the
15 federal government of
this state's program under the surface
16 mining control and
reclamation act of 1977, regardless of
17 litigation contesting
that approval or implementation, all
18 operators of surface
coal mines engaged in surface coal mining
19 operations before October 12, 1982, shall file an application for
20 a permit with the
department. The application shall cover all
21 land to be mined.
22 (3) If the federal
government disapproves of this state's
23 program and prior to
promulgation of a federal program or a
24 federal land program
for this state, permits shall not be issued
25 by the department, but
the existing surface coal mining
26 operations may
continue. Permits that lapse during the period
27 may continue in full
force and effect until promulgation of a
1 federal program or a
federal land program.
2 Sec. 63524. (1) On
the basis of a complete application for
3 a surface coal mining
and reclamation permit or a revision or
4 renewal of a permit,
the department shall grant, require
5 modification of, or
deny the application for a permit within 120
6 days after the
application is submitted to the department, except
7 that an application
submitted pursuant to section 63514(2) shall
8 be granted, modified,
or denied within 120 days after the
9 approval of this
state's program. The department shall notify
10 the applicant in
writing of its decision regarding granting,
11 modifying, or denying
the application for a permit. The
12 applicant for a permit or revision of a permit has the burden of
13 establishing that his or her application is in compliance with
14 all the requirements of this part. Within 3 days after the
15 granting of a permit, but before the permit is issued, the
16 department shall notify the county clerk in each county in which
17 the land to be affected is located that a permit has been issued
18 and shall describe the location of the land.
19 (2) An application for a permit or revision of a permit shall
20 not be approved unless the department finds, in writing, that all
21 the following requirements have been met:
22 (a) The application is accurate and complete and complies
23 with all of the requirements of this part.
24 (b) The applicant has demonstrated that reclamation as
25 required by this part can be accomplished under the reclamation
26 plan contained in the application.
27 (c) An assessment of the probable cumulative impact of all
1 anticipated surface coal mining inside and outside the permit
2 area on the hydrologic balance, including quantitative and
3 qualitative analyses, has been made by the department, and the
4 proposed operation has been designed to prevent material damage
5 to the hydrologic balance inside and outside the permit area.
6 (d) The area proposed to be mined is not included within an
7 area designated unsuitable for surface coal mining pursuant to
8 this part and is not within an area under study for this
9 designation in an administrative proceeding commenced pursuant to
10 this part, unless in the area as to which an administrative
11 proceeding has commenced, the applicant demonstrates that, prior
12 to January 1, 1977, the applicant has made substantial legal and
13 financial commitments in relation to the operation for which the
14 applicant is applying for a permit.
15 (e) If the ownership of the coal has been severed from the
16 private surface estate, the applicant has submitted to the
17 department either the written consent of the surface owner to the
18 extraction of coal by surface mining methods or a conveyance that
19 expressly grants or reserves the right to extract the coal by
20 surface mining methods. However, if the conveyance does not
21 expressly grant the right to extract coal by surface mining
22 methods, the surface-subsurface legal relationship shall be
23 determined in accordance with state law, except that this part
24 does not authorize the department to adjudicate property rights
25 disputes.
26 (f) If the department of history, arts, and libraries
27 determines that the proposed surface mining operation will
1 adversely affect a historic resource, the application is approved
2 jointly by the department, by the federal, state, or local agency
3 with jurisdiction over the historic resource, and by the
4 department of history, arts, and libraries.
5 (3) The applicant shall file, with the application, a
6 schedule listing all notices of violations of this part or other
7 law of this state and any law, rule, or regulation of the United
8 States or of any department or agency in the United States
9 pertaining to air or water environmental protection incurred by
10 the applicant in connection with a surface coal mining operation
11 during the 3-year period prior to the date of application. The
12 schedule shall include the final resolution of notice of the
13 violation. If the schedule or other information available to the
14 department indicates that a surface coal mining operation owned
15 or controlled by the applicant is currently in violation of this
16 part or other laws referred to in this subsection, the permit
17 shall not be issued until the applicant submits affidavits that
18 the violation has been corrected or is in the process of being
19 corrected to the satisfaction of the department or the agency
20 that has jurisdiction over the violation or that the notice of
21 violation is being contested by the applicant. A permit shall
22 not be issued to an applicant after a finding by the department,
23 after opportunity for hearing, that the applicant, or the
24 operator specified in the application, controls or has controlled
25 mining operations with a demonstrated pattern of violations of
26 this part of such nature and duration with such resulting
27 pollution, impairment, or destruction to the environment as to
1 indicate an intent not to comply with this part.
2 (4) If the area proposed to be mined contains agricultural
3 land, the department shall consult with the director of the
4 department of agriculture and the secretary of the United States
5 department of agriculture and shall not grant a permit to mine on
6 agricultural land unless the department finds in writing that the
7 operator has the technological capability to restore the mined
8 area and any other areas impacted by the surface coal mining
9 operation within a reasonable time to equivalent or higher levels
10 of yield as nonmined agricultural land in the surrounding area
11 under equivalent levels of management, and also finds that the
12 applicant can meet the soil reconstruction standards of this
13 part.
14 Sec. 63525. (1) During the term of a permit, the permittee
15 may submit to the department an application for a revision of the
16 permit, including a revised reclamation plan. An application for
17 a revision of a permit shall not be approved unless the
18 department finds that reclamation as required by this part can be
19 accomplished under the
revised reclamation plan. The revision
20 shall be approved or
disapproved within 90 days after it is
21 submitted to the
department. The An application
for a revision
22 is subject to part 13, except that the department shall establish
23 standards for a determination of the scale or extent of a
24 revision request for which all permit application information
25 requirements and procedures shall apply.
26 (2) A transfer, assignment, or sale of the rights granted
27 under a permit issued pursuant to this part shall not be made
1 without the written approval of the department.
2 (3) The department shall, within a time limit prescribed by
3 rule, review outstanding permits. The department may require
4 revision or modification of the permit provisions during the
5 terms of the permit based on a change in technology or a change
6 in circumstances.
7 (4) All action taken by the department under this section
8 regarding the granting, modification, denial, or revision of a
9 permit shall be conducted pursuant to chapters 4 and 5 of the
10 administrative procedures
act of 1969, Act No. 306 of the Public
11 Acts of 1969, being
sections 24.271 to 24.292 of the Michigan
12 Compiled Laws 1969 PA 306, MCL 24.271 to 24.292.
13 Sec. 63704. (1) After
July 1, 1977, a person or operator
14 A person shall not engage in sand dune mining within Great Lakes
15 sand dune areas without
first obtaining a permit for that
16 purpose from the
department except as authorized
by a permit
17 issued by the department pursuant to part 13.
18 (2) Prior to receiving a permit from the department, a person
19 or operator shall submit all of the following:
20 (a) A permit application on a form provided by the
21 department.
22 (b) An environmental impact statement of the proposed mining
23 activity as prescribed by section 63705.
24 (c) A progressive cell-unit mining and reclamation plan for
25 the proposed mining activity as prescribed by section 63706.
26 (d) A 15-year mining plan as prescribed by section 63707.
27 Sec. 63708. (1) A sand dune mining permit issued by the
1 department is valid for not more than 5 years. A sand dune
2 mining permit shall be renewed if the sand dune mining activities
3 have been carried out in compliance with this part, the rules
4 promulgated under this part, and the conditions of the sand dune
5 mining permit issued by the department.
6 (2) The sand dune mining permit shall state any conditions,
7 limitations, or other restrictions determined by the department,
8 including any setback from the ordinary high-water mark of a
9 Great Lake for the protection of the barrier dune.
10 (3) In granting a sand dune mining permit, if the department
11 allows for the removal of all or a portion of the barrier dune
12 pursuant to this part, it shall submit to the commission written
13 reasons for permitting the removal.
14 (4) The
department shall approve or deny a sand dune mining
15 permit application in
writing within 120 days after the
16 application is
received and is determined by the department to be
17 administratively
complete. If a sand dune mining permit is
18 denied, the reasons
shall be stated in a written report.
19 (4) (5) The
department shall provide a list of all pending
20 sand dune mining applications upon a request from a person. The
21 list shall give the name and address of each applicant, the legal
22 description of the lands included in the project, and a summary
23 statement of the purpose of the application.
24 Sec. 72108. (1) The commission may do any of the
25 following:
26 (a) Grant easements or, pursuant to part 13, use permits or
27 lease land owned by the state that is being used for a Michigan
1 trailway for a use that is compatible with the use of the
2 Michigan trailway.
3 (b) Enter into contracts for concessions along a state owned
4 Michigan trailway.
5 (c) Lease land adjacent to a state owned Michigan trailway
6 for the operation of concessions.
7 (2) If the commission approves of the acquisition of land by
8 the department, the commission may state that the specified land
9 is acquired for use as a Michigan trailway. Following
10 acquisition of land that the commission states is acquired for
11 use as a Michigan trailway, any revenue derived from that land
12 pursuant to subsection (1), except as otherwise provided by law,
13 shall be deposited into the fund.
14 Sec. 76105. (1) A person, either personally or through an
15 agent or employee, shall not explore or excavate an aboriginal
16 remain covered by this part upon lands owned by the state, except
17 under as authorized by a permit issued by the
department, with
18 written approval of the department of history, arts, and
19 libraries, pursuant to part 13. A permit shall be issued without
20 charge. This section
21 (2) Subsection (1) does not apply to the Mackinac Island
22 state park commission on lands owned or controlled by the
23 Mackinac Island state park commission.
24 Sec. 76109. (1) A permit
issued under this section shall
25 authorize a person to person shall not recover abandoned
26 property located on, in, or located in the immediate vicinity of
27 and associated with a sunken aircraft or watercraft except as
1 authorized by a permit issued by the department and the
2 department of history, arts, and libraries pursuant to part 13.
3 (2) A Notwithstanding
section 1303(1), a person shall file
4 an application for a permit with the department on a form
5 prescribed by the department and approved by the department of
6 history, arts, and libraries. The application shall contain all
7 of the following information:
8 (a) The name and address of the applicant.
9 (b) The name, if known, of the watercraft or aircraft on or
10 around which recovery operations are to occur and a current
11 photograph or drawing of the watercraft or aircraft, if
12 available.
13 (c) The location of the abandoned property to be recovered
14 and the depth of water in which it may be found.
15 (d) A description of each item to be recovered.
16 (e) The method to be used in recovery operations.
17 (f) The proposed disposition of the abandoned property
18 recovered, including the location at which it will be available
19 for inspection by the department and the department of history,
20 arts, and libraries.
21 (g) Other information which the department or the department
22 of history, arts, and libraries considers necessary in evaluating
23 the request for a permit.
24 (3) An application for a permit is not complete until all
25 information requested on the application form and any other
26 information requested by the department or the department of
27 history, arts, and libraries has been received by the
1 department. After receipt of an otherwise complete application,
2 the department may request additional information or documents as
3 are determined to be necessary to make a decision to grant or
4 deny a permit. The
department, or the department of history,
5 arts, and libraries,
shall notify the applicant in writing when
6 the application is
deficient.
7 (4) An applicant
notified that an application for a permit
8 may be deficient and
returned due to insufficient information
9 under subsection (3)
shall, within 20 days after the date the
10 notice is mailed,
provide the information. If the applicant
11 fails to respond
within the 20-day period, the application shall
12 be denied unless the
applicant requests additional time and
13 provides reasonable
justification for an extension of time.
14 (4) (5) The
department and the department of history, arts,
15 and libraries shall ,
approve or deny an application for a
16 permit with the advice of
the committee. , approve or disapprove
17 an application for a
permit within 30 days after the date a
18 complete application
is filed with the department. The
19 department and the
department of history, arts, and libraries may
20 approve an application
conditionally or unconditionally. A
21 condition to the approval of an application shall be in writing
22 on the face of the permit. The department and the department of
23 history, arts, and libraries may impose such conditions as are
24 considered reasonable and necessary to protect the public trust
25 and general interests, including conditions that accomplish 1 or
26 more of the following:
27 (a) Protect and preserve the abandoned property to be
1 recovered, and the recreational value of the area in which
2 recovery is being accomplished.
3 (b) Assure reasonable public access to the abandoned property
4 after recovery.
5 (c) Conform with rules applying to activities within a Great
6 Lakes bottomlands preserve.
7 (d) Prohibit injury, harm, and damage to a bottomlands site
8 or abandoned property not authorized for removal during and after
9 salvage operations by the permit holder.
10 (e) Prohibit or limit the amount of discharge of possible
11 pollutants, such as floating timbers, planking, and other debris,
12 which may emanate from the shipwreck, plane wreck, or salvage
13 equipment.
14 (f) Require the permit holder to submit a specific removal
15 plan prior to commencing any salvaging activities. Among other
16 matters considered appropriate by either the department or the
17 department of history, arts, and libraries, or both, the removal
18 plan may be required to ensure the safety of those removing or
19 assisting in the removal of the abandoned property and to address
20 how the permit holder proposes to prevent, minimize, or mitigate
21 potential adverse effects upon the abandoned property to be
22 removed, that portion of the abandoned property which is not to
23 be removed, and the surrounding geographic features.
24 (5) (6) The
department shall approve an application for a
25 permit unless the department determines that the abandoned
26 property to be recovered has substantial recreational value in
27 itself or in conjunction with other abandoned property in its
1 vicinity underwater, or the recovery of abandoned property would
2 not comply with rules applying to a Great Lakes bottomlands
3 preserve.
4 (6) (7) The
department of history, arts, and libraries
5 shall approve the application for a permit unless the department
6 of history, arts, and libraries determines that the abandoned
7 property to be recovered has substantial historical value in
8 itself or in conjunction with other abandoned property in its
9 vicinity. If the property has substantial historical value, the
10 department of history, arts, and libraries, pursuant to
11 subsection (5) (4),
may impose a condition to the approval of
12 the application
requiring the applicant on the
permit requiring
13 the permittee to turn over recovered property to the department
14 of history, arts, and libraries for the purpose of preserving the
15 property or permitting public access to the property. The
16 department of history, arts, and libraries may authorize the
17 display of the property in a public or private museum or by a
18 local unit of government. In addition to the conditions
19 authorized by subsection (5)
(4), the department of history,
20 arts, and libraries may provide for payment of salvage costs in
21 connection with the recovery of the abandoned property.
22 (7) (8) A
person who discovers an abandoned watercraft
23 that is located
outside of a Great Lakes bottomlands preserve is
24 entitled to shall not recover cargo situated on, in, or
25 associated with the
watercraft, if the person applies for a
26 permit pursuant to
this section within 90 days after discovering
27 the watercraft. If an
application for a permit to recover cargo
1 is not filed within 90
days after a watercraft discovery, subject
2 to subsections (4) and
(5) an exclusive cargo recovery permit
3 shall be issued to the
first person applying for such a permit.
4 Only 1 permit to
recover the same cargo shall be issued and
5 operative at a time. an abandoned watercraft that is located
6 outside of a Great Lakes bottomlands preserve except as
7 authorized by a permit issued pursuant to this section and part
8 13. Subject to subsection (4), the permit shall be issued to the
9 first person applying for the permit. However, only the person
10 who discovered the abandoned watercraft may apply for a permit
11 during the first 90 days after the discovery. When a watercraft
12 containing cargo is simultaneously discovered by more than 1
13 person, a permit shall be approved with respect to the first
14 person or persons jointly applying for a permit.
15 (8) (9) A
person aggrieved by a condition contained on a
16 permit or by the denial of an application for a permit may
17 request an administrative review of the condition or the denial
18 by the commission or the department of history, arts, and
19 libraries, whichever disapproves the application or imposes the
20 condition. A person shall file the request for review with the
21 commission or the department of history, arts, and libraries,
22 whichever is applicable, within 90 days after the permit
23 application is submitted to the department. An administrative
24 hearing conducted pursuant to this subsection shall be conducted
25 under the procedures set forth in chapter 4 of the administrative
26 procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. If
27 neither the department nor the department of history, arts, and
1 libraries approves the application and an administrative review
2 is requested from both the commission and the department of
3 history, arts, and libraries, the appeals shall be combined upon
4 request of the appellant or either the commission or the
5 department of history, arts, and libraries and a single
6 administrative hearing shall be conducted. The commission and
7 the department of history, arts, and libraries shall issue
8 jointly the final decision and order in the case.
9 (9) (10) A
permit issued under this section shall be is
10 valid until December 31 of the year in which the application for
11 the permit was filed and is not renewable. If an item designated
12 in a permit for recovery is not recovered, a permit holder may,
13 upon request following the expiration of the permit, be issued a
14 new permit to remove the same abandoned property if the permit
15 holder demonstrates that diligence in attempting recovery was
16 exercised under the previously issued permit.
17 (10) (11) A
permit issued under this section shall not be
18 transferred or assigned unless the assignment is approved in
19 writing by both the department and the department of history,
20 arts, and libraries.
21 Sec. 76504. (1) The Mackinac Island state park shall be
22 under the control and management of the commission, and a
23 majority of the members of the commission constitutes a quorum
24 for the transaction of business. The business which the
25 commission may perform shall be conducted at a public meeting of
26 the commission held in compliance with the open meetings act,
27 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time,
1 date, and place of the meeting shall be given in the manner
2 required by the open meetings act, 1976 PA 267, MCL 15.261 to
3 15.275.
4 (2) The commission shall have the exclusive right to do
5 either or both of the following:
6 (a) Lay out, manage, and maintain the park and preserve the
7 old fort and other
property held by the commission on the
8 effective date of the
2001 amendments to this section or which
9 is or acquired by the commission after this
date August 6,
10 2001.
11 (b) Promulgate and enforce rules not inconsistent with the
12 laws of this state and necessary to implement the commission's
13 duties.
14 (3) The commission may do 1 or more of the following:
15 (a) Enter into leases and establish prices for rentals or
16 privileges upon property controlled by the commission.
17 (b) Sell or lease as personal property buildings or
18 structures acquired by the commission in settlement of delinquent
19 land rentals.
20 (c) Employ a director and other persons as may be needed.
21 (4) The rules of the commission shall apply to all roads
22 situated on Mackinac Island state park lands. The commission
23 shall not make a rule permitting the use of motor vehicles except
24 motor vehicles owned by the state, a political subdivision of the
25 state, or by a public utility, and used in the exercise of its
26 franchise. The commission may provide by rule for the issuance
27 of temporary permits for the operation of motor vehicles over
1 roads situated on state park lands. The commission may grant
2 permits pursuant to part 13 for the use of lands for the
3 expansion of existing cemeteries, under terms and conditions as
4 the commission prescribes. The commission may also grant
5 privileges and franchises for waterworks, sewerage,
6 transportation, and lighting, for a period of not more than 40
7 years. The commission shall prescribe by rule the maximum number
8 of horse drawn vehicles for hire that may be licensed by the
9 commission for operation within the park.
10 (5) The sheriff of the county of Mackinac, upon the
11 application of the commission, shall appoint 1 or more persons
12 who shall be designated by the commission as deputy sheriffs in
13 and for the county, and who shall be employees of the commission
14 but who shall not receive fees or emoluments for services as
15 deputy sheriffs. The commission may establish the compensation
16 of the persons employed by the commission, but a debt or
17 obligation shall not be created by the commission exceeding the
18 amount of money at its disposal at the time.
19 (6) All money received from rentals or privileges shall be
20 paid promptly into the state treasury to be credited to the
21 general fund and to be disbursed as appropriated by the
22 legislature. The commission, in consideration of the furnishing
23 of fire protection, street service, sewerage service, and other
24 public service agreed upon, may remit reasonable rentals as the
25 commission determines from leases of property acquired by the
26 state under the general property tax act, 1893 PA 206, MCL 211.1
27 to 211.157, and deeded to the commission, to the several tax
1 assessing units in which the property is situated as provided in
2 the general property
tax act, 1893 PA 206, MCL 211.1 to 211.157
3 that act, in proportion to the delinquent taxes and special
4 assessments of the units canceled against the description of
5 land.
6 (7) A writing prepared, owned, used, in the possession of, or
7 retained by the commission in the performance of an official
8 function shall be made available to the public in compliance with
9 the freedom of information act, 1976 PA 442, MCL 15.231 to
10 15.246. The commission shall provide to the governor an annual
11 report and statement of receipts and expenditures, and
12 recommendations and suggestions as the commission considers
13 proper.
14 Sec. 80159. A person shall not place a beacon or buoy,
15 other than a mooring buoy, in the waters of this state except as
16 authorized by a permit issued by the department pursuant to part
17 13. The department may authorize,
through the issuance of
18 revocable permits, issue a permit for the placing of buoys or
19 beacons in the waters of this state to mark obstruction to
20 navigation, to designate bathing areas, to designate vessel
21 anchorages, or for any other purpose if it will promote safety or
22 navigation. Any
person who desires to place buoys or beacons in
23 the waters of this
state, without expense to the state, shall
24 make application to
the department in a form and containing An
25 application for a permit shall contain information required by
26 the department. Buoys
or beacons, except for mooring buoys,
27 shall not be placed in
the waters of this state unless authorized
1 by the department in
writing. If authorization has been granted,
2 the buoys or beacons
shall be placed only in accordance with the
3 terms of the permit
and shall be considered lawfully placed. If
4 buoys or beacons are placed in the waters of this state without a
5 permit having been issued, the department may order their
6 removal. If, in the judgment of the department, buoys or beacons
7 authorized by the department are found to be improperly placed,
8 the reason for their placement no longer exists, or the buoys or
9 beacons do not conform to the uniform system of marking
10 established by state regulation, the department may revoke the
11 permit authorizing their placement and may order their removal.
12 Revocation of permits and orders of removal shall be by written
13 notice to the person placing the buoys or beacons or to the
14 person to whom the permit was issued at his or her last known
15 address, directing the removal within a specified time. The
16 person to whom the notice is directed shall remove the buoys or
17 beacons in accordance with the instructions. If the person fails
18 to remove the buoys or beacons within the specified time, the
19 department may cause their removal, and the cost and expense of
20 the removal shall be charged against the person authorized to
21 place the buoys or beacons or, where authorization has not been
22 granted, the person placing such buoys or beacons and shall be
23 recoverable through any court of competent jurisdiction.